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10/13/2015 (3)
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 13, 2015 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman Bob Solari, Vice Chairman Joseph E. Flescher Peter D. O'Bryan Tim Zorc District 1 District 5 District 2 District 4 District 3 Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 9:00 A.M. Stan Boling, Community Development Director Commissioner Bob Solari 5. PROCLAMATIONS and PRESENTATIONS A. Presentation Entitled "Muck — A Major Source of Nitrogen & Phosphorus in the Northern Indian River Lagoon (IRL)" by Dr. John Trefry, Professor of Marine and Environmental Systems, Florida Institute of Technology 6. APPROVAL OF MINUTES A. Regular Meeting of September 15, 2015 October 13, 2015 PAGE Page 1 of 6 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. St. John's River Water Management District Final Budget for Fiscal Year 2015-2016 (letter dated September 22, 2015) PAGE 1-4 B. Tourist Development Council — Vacancy (memorandum dated October 7, 2015) 5-6 C. Retirement Award and Proclamation Honoring Richard Vidal on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Twenty -Six Years of Service 7-8 8. CONSENT AGENDA A. Approval of Warrants — September 25, 2015 to October 1, 2015 (memorandum dated October 1, 2015) 9-17 B. Intersection Improvement Project #1203 (Oslo Road and 66th Avenue), Oslo Road, East of 66th Avenue, Audrey Graves Sexton (memorandum dated September 29, 2015) 18-27 C. Consideration of Indian River County's Ship Program Annual Report for State FY 2013-14 Funding (memorandum dated October 6, 2015) 28-43 D. Request for Extension of Agreement for Transit Advertising Services (memorandum dated October 2, 2015) 44-80 E. Interfund Borrowing — Fiscal Year 2014/2015 (memorandum dated October 5, 2015) 81-82 F. Authorization to Attend Florida SAFE Investment Seminar (memorandum dated October 6, 2015) 83-85 G. Approval of Work Authorization No. 2015-001 to Blue Goose Construction to complete Water Main Loops to The Highlands and Falcon Trace (memorandum dated October 5, 2015) 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 86-90 October 13, 2015 Page 2 of 6 1 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. This item was initially considered at a Public Hearing on September 22, 2015 which was continued to October 6th, and then continued to this Board meeting of October 13th: Consideration of Proposed Parking Regulations for Vacation Rentals ("Ordinance 1"); Amending Land Development Regulations Chapters 901 (Definitions), 911(Zoning), and 912 (Single -Family Development (memorandum dated October 6, 2015) Legislative 2. This item was considered at a Public Hearing on September 22, 2015, and was Continued to this Board meeting of October 13th: Consideration to Adopt Amendments to County Sea Turtle Protection Lighting Regulations (Land Development Regulations Section 901.03, Definitions, and Section 932.09, Sea Turtle Protection) (memorandum dated October 1, 2015) Legislative B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearings for Upcoming Board Meeting of October 20, 2015: (memorandum dated October 5, 2015) PAGE 91-131 132-166 167 a. 790 A1A, LLC's Request for Conceptual Planned Development (PD) Plan and Special Exception Approval for a Project to be known as Sandy Lane PD Quasi -Judicial b. Consideration of an Ordinance to Amend (Update) County Code Chapter 800, Title VIII, Comprehensive Plan of the Code of Indian River County Legislative October 13, 2015 Page 3 of 6 11. COUNTY ADMINISTRATOR MATTERS A. Recruitment of New County Administrator (memorandum dated September 29, 2015) 12. DEPARTMENTAL MATTERS A. PAGE 168-206 Community Development 1. Consideration of Comprehensive Plan Amendment Options: Water Connection Policy Change or Urban Service Area Expansion West of 58`b Ave and South of the Main Relief Canal (memorandum dated October 5, 2015) B. Emergency Services None C. General Services None D. E. F. G. October 13, 2015 1. Human Services None 2. Sandridge Golf Club None 3, Recreation None Human Resources None 207-223 Office of Management and Budget 1. Golf Cart Interfund Loan — Early Payoff (memorandum dated October 7, 2015) 224-229 Public Works 1. Update on ORCA Kilroy Units (memorandum dated October 2, 2015) 230-234 Utilities Services None Page 4 of 6 13. COUNTY ATTORNEY MATTERS A. Sunset of Enterprise Zone (memorandum dated October 6, 2015) 14. COMMISSIONERS MATTERS A. B. C. D. E. PAGE 235-280 Commissioner Wesley S. Davis, Chairman None Commissioner Bob Solari, Vice Chairman None Commissioner Joseph E. Flescher None Commissioner Peter D. O'Brvan None Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emerencv Services District 1. Approval of Minutes Meeting of September 15, 2015 2. Approval of Work Order No. 1 for Fire -Rescue Station # 7 (1893 90` Avenue) (memorandum dated October 5, 2015) 281-287 3. Approval of Work Order No. 2 for Renovations on Fire Rescue Station #1 (1500 Old Dixie) (memorandum dated September 29, 2015) 288-297 4. Radio System Upgrade Purchase for Fire -Rescue Hand -Held Radios (memorandum dated' September 28, 2015) 298-301 5. Approval to Enter Into a Technical Service Support Agreement for Fire -Rescue Division from Physio Control, Inc. (memorandum dated September 29, 2015) 302-312 October 13, 2015 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District None C. ; Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. October 13, 2015 Page 6 of 6 S.A. Muck — A Major Source of Nitrogen & Phosphorus in the Northern Indian River Lagoon (IRL) "John H. Trefry Florida Institute of Technology Indian River Lagoon Research Institute Indian River County Board of County Commissioners Vero Beach, FL October 13, 2015 First, a "Muck Quiz" 1. "Muck" contains a. 50-70% 2. Dry "Muck" contains % water by volume. b. 85-95% a. 10-20% % organic matter. b. 60-80% 3. Dry "Muck" contains % silt, clay and sand from soil and sod. a. 10-20% b. 60-80% For >60 years, a variety of substances have run off with freshwater to the lagoon: • Soil from erosion and wash-out from sod • Grass cuttings and other vegetation • Nutrients (nitrogen, phosphorus) Natural sand and shell (Credit: Brevard County Nat(�eeurle9 50) 2020 Population Growth Indian River County Brevard County (thousands) (thousands) 0 50 100 150 200 0 200 400 600 { 2015 (pop. -140,000). !♦ 2000 /♦� i 1980 m I to i 1 1960 1950 (pop. 11,900) 1940 2015 (pop. -550,000) /♦ 47, /♦ / 1950 (pop. 23,000) aural sand and shell (Credit: Brevard County Nat(Preec,1950) An estimated 5 million yd3 of muck cover the bottom of the northern and central lagoon system. The Case for Muck as an Internal Source of Nitrogen and Phosphorus to the Indian River Lagoon • • • •••• • . • .:. : • ,,,,, ,, ... ., a • vreourn rala unensis.; :metric tons- NIyr fromiituc (1O/oofNo IR seafloo • — ' attic tons - . :::::• r.from muck ._ . .-- .,... Internal Nitrogen Inputs from muck (300 metric tons/yr) Stormwater Runoff 262 metric tons/yr Let's put 300 metric tons (-0.7 million lbs) of nitrogen coming out of muck per year in perspective It would take -4.4 million pounds (2,000 tons)* of fertilizer (16:4:8 as N:P:K) to yield 300 metric tons of nitrogen. That is equivalent to -88,000 fifty -pound bags of fertilizer or half of the fertilizer used in Brevard County per year. Let's Dredge? Indian River Lagoon Muck Areas 0 ri Water t. Sebastian River (2006-09) 2 million yd3 State of Florida funding to Brevard County for muck dredging $10 million (FY2015) $1 million to FIT to provide the Florida Legislature a scientific assessment of the efficacy of muck dredging. State of Florida funding to SJRWMD for muck dredging in the Eau Gallie River $10 million (FY2015) Special Thanks to the Florida Legislature Dredge Material Maintenance Area (DMMA) Additional muck dredging at Eau Gallie River Grand Canal Cocoa Beach Canals Sykes Creek How do we keep the muck out? No direct runoff to the lagoon. Divert all runoff through ponds, wetlands; baffle boxes or retain it behind dams. What can we do? Keep yard trimmings from going (or blowing) into streets, stormwater drains, drainage ditches and the lagoon. • Encourage others to obey fertilizer ordinances. • Support street and parking lot sweeping. • Support rerouting, damming, ponding all direct outfalls to the lagoon. • Send all yard waste to county facilities. 8 In addition to muck dredging, there are many ongoing and planned complementary efforts: • Oyster mats and reefs. • Seagrass planting and experimentation. • Coastal wetland restoration. • Increased upland retention ponds and flow structures (upland inputs must be curtailed). h:>./nww.maa sco.erycd,:er.ord«+++unsly-res:xa:waseers/ Photo Lori Mortis, SJRWMD, HalophllaJohnson!' Y=t�oa ^a rocurt Austin=:FoxTwrv� Stacey Fox a< Yuchao.Yari essica Vpe K to Becket a .4,?a4cces 4 The Sebastian DMMA Water Sampling during 2015 Feb 19, Mar 25, I-10. How efficient is the DMMA at trapping fine-grained sediments and dissolved and particulate nutrients (Nitrogen and Phosphorus) that are carried in from the IRL via the dredge pipe? Turbidity plume at mouth of outfall when no discharge from DMMA 19,000 -fold reduction in suspended solids from dredge pipe to weir % Decrease in solids, nitrogen and phosphorus from dredge pipe to weir ISuspended Sediments I (mg/L) I Dissolved 1 N I (mg/L) Particulate N (mg/L) Dissolved I P (mg/L I Particulate P (mg/L) 280;000 5380 6'i X300 coming 5Pi #1- - ±50,000 ±5 �= :-.: , +40` .= Y ±2 2 .-. .. -.. ±50 — 1`...a!_..:^, 3...._r'i_c }3 £#6----'r-'O . '_c_ - t. 13.+"€'+n i--"-.ty :Weir(#2) y C (±055) (±3) =T 5•/a — (+0.2) --i-,------__-=',_:-.4 01 _ (+16): T_ `mss 99199 b 'Decrease.. - _ - ,transitn 9430 A=92 %6%ir '-'--7--99:97 DMMA -L Concentrations of Suspended Solids, Nitrogen and Phosphorus decreased greatly during transit from dredge pipe to the weir. 140,000 tons of dry sediment (156,000 metric tons) 210 tons of nitrogen (230 metric tons) 110 tons of phosphorus (120 metric tons) 1-12 j.hns r. St ver Water Management District Ann 8. Shortelle, Ph.D., Executive Director 4049 Reld Street • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329-4500 On the Internet at floridaswater.com. September 22, 2015 The Honorable Rick Scott, Governor State of Florida The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 Subject: St. Johns River Water Management District Final Budget for Fiscal Year 2015-2016 Dear Governor Scott: In accordance with Section 373.536, Florida Statutes, the St. Johns River Water Management District (District) respectfully submits its Final Budget for Fiscal Year (FY) 2015-2016. The FY 2015-2016 Final Budget effectively allocates fiscal and staff' resources in a manner that will achieve the District's core mission responsibilities for water supply, water quality, natural systems and flood protection. The FY 2015-2016 Final Budget is $169.4 million. The District's Governing Board on September 22, 2015, reduced the millage rate for taxpayers for a third consecutive year, while expanding partnership programs to conserve water, develop water supplies and protect water quality in springs and priority water bodies, such as the St. Johns River. The final 0.3023 millage rate (rolled -back rate) is approximately 4.5 percent less than the current year's tax rate and is projected to provide $82.8 million in revenue. The final budget includes a net increase of $7.4 million over the Tentative Budget submitted on August 1, resulting in an additional $4.5 million in expenditures for the Acquisition, Restoration and Public Works Program, $2.8 million for the Operation and Maintenance of Lands and Works .Program and $0.1 million for the Regulation Program. These net increases are funded through various funding sources, including District, State, Local and Federal. The final budget reflects a reduction of $6.5 million through early retirement of debt, making the District debt free and saving taxpayers more than $200,000 in interest payments. The Honorable Rick Scott September 22, 2015 Page 2 Budget highlights include: • Nearly $50 million in cooperative funding projects, including springs and priority water body protection and restoration, water conservation initiatives with public water suppliers and projects to maximize the reuse of reclaimed water. • $11.5 million (including partner funding) for the acquisition of Silver Springs Forest, which will reduce nitrate loading. into springs and rivers, allow for hydrologic restoration that will result in water quality improvement, and create opportunities for water storage, public recreation and a 20 -mile wildlife corridor. • $8.2 million for the Eau Gallie muck dredging project to improve navigation and water quality. • $7.8 million in new state funding for springs protection projects and approximately $3 million toward second -year cooperative projects that support local efforts to protect spring flows and water quality. • $7.5 million for the District's agricultural cooperative funding program, which assists farmers in implementing water -saving technologies and helps fund dispersed water storage projects. • $2.8 million for land management restoration projects. Major construction projects in the proposed budget include continued work at the Fellsmere Water Management Area; completion of the Canal 1 Rediversion Project in Brevard and Indian River counties, which are among the final components of the Upper St. Johns River Basin Project; construction of the 1,300 -acre C-10 Reservoir in Brevard County; and flood protection enhancement through water control structure and levee maintenance and rehabilitation. The District will continue its emphasis on implementing projects directly benefiting water resources while ensuring effective and efficient use of taxpayers' dollars. We also will continue to work diligently to implement cost efficiencies throughout the agency. Please contact me at (386) 329-4104 or ashortelle@sjrwmd.com if you need additional information. Executive Director cc: Attached Recipient List 2 The Honorable Rick Scott September 22, 2015 Page 3i Recipients of the FY 2015-2016 Final Budget The Honorable Andy Gardiner, President of the Florida Senate The Honorable Steve Crisafulli, Speaker of the Florida House of Representatives Senate Committee on Appropriations Senator Tom Lee, Chair Senator Lizbeth Benacquisto, Vice Chair Cindy Kynoch, Staff Director Senate Appropriations Subcommittee on General Government Senator Alan Hays, Chair Senator Oscar Braynon, Vice Chair Jamie DeLoach, Staff Director Senate Committee on Environmental Preservation and Conservation Senator Charles Dean, Chair Senator Wilton Simpson, Vice Chair Kim Bonn, Administrative Assistant House Appropriations Committee Representative Richard Corcoran, Chair Representative Jim Boyd, Vice Chair JoAnne Leznoff, Staff Director House Agriculture and Natural Resources Appropriations Subcommittee Representative Ben Albritton, Chair Representative Ray Pilon, Vice Chair Stephanie Massengale, Budget Chief House State Affairs Committee Representative Matthew Caldwell, Chair Representative Neil Combee, Vice Chair Karen Camechis, Staff Director House Agriculture and Natural Resources Subcommittee Representative Tom Goodson, Chair Representative Jake Rabum, Vice Chair Tiffany Harrington, Policy Chief Executive Office of the Governor — Office of Policy and Budget Ralph Perkins 3 The Honorable Rick Scott September 22, 2015 Page 4 Department of Environmental Protection Jonathan P. Steverson, Secretary Craig Varn, Special Counsel Water Policy and Legal Affairs Drew Bartlett, Deputy Secretary, Ecosystem Restoration Governing board of each county within the District's jurisdiction 4 78 Informational Matters - B C.C. 10 13.15 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners �/ FROM: Dylan Reingold, County Attorney n\ Y DATE: October 7, 2015 SUBJECT: Tourist Development Council — vacancy On October 5, 2015, Scott DiPietro submitted his resignation as an owner/operator of a tourist accommodation to the Tourist Development Council. Mr.DiPietro's term expires in January 2017. Anyone interested in serving on the Tourist Development Council, and meeting the requirements as an owner/operator of a tourist accommodation, will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Application forms can be accessed online at www.ircgov.com/boards/committee applications or at the Board of County Commissioner's Office. ATTACHMENT(S). • October 5, 2015 resignation APPROVED FOR OCTOBER 13, 2015 B.C.C. MEETING — INFORMATIONAL MATTERS OUNTYATTORNEY FArromryVindaIGENFRALIB C °Agenda Minya: Committee Vacancy CPDC.).dou 5 Indian River Co. Ap 'roved Date. Admin.• i/7 /5' Co. Atty. 1017 IS Budget X47 ►� Dept. /0 J `/ Risk Mgr. — -- 5 Holiday Inn Oceanside 3384 Ocean Drive Vero Beach, FL 32963 t: 772.231.2300 f: 772.234.8069 1.800.HOLIDAY info@holidayinnverobeach.com October 5th, 2015 .t. To: Lisa Hill,, Holiday Inn OCEANSIDE As of today Monday October 5th, 2015 I will be stepping down from my position of the Indian River Country; Tourism Development .Council. I wanted to thank both the TDC members and Indian River County Commissioners for such a great experience. 6 independently owned and opeiated by Logan Acquisitions Corporation. This is to certify that *chard Vidal- is idaCis hereby presented this WctirementAward for outstanding performance and faitlifu(service to Indian Wjver County Board of County Commissioners Eor twenty-six years of service On this 30th day of Septem6er 2015 ,fAhn Dire of merer Servues fry S. Davis Board of County Commissioner, Chairman 76 • , jt f.. ` k ; s, %ri ; t A September 1989, hired. reclassified merit selflessness. commendation, received Prevention His! throughout citizens NOW, COMMISSIONERS applauds express County BE extend . Adopted INDIAN WHEREAS, WHEREAS, WIIEREAS, IT HONORING RIVER DEPARTME Richard 30, 2015; Richard as a Paramedic, By the year as a Fire until his retirement. Richard During many commendations office for commitment as his career and co-workers THEREFORE, Richard -Vidal's their appreciation for the last twenty-six FURTHER PROCLAIMED heartfelt wishes this 13th day PROCLAMATION RICHARD COUNTY NT Vidal and Vidal 2000, Medic Vidal his of heroically a and OF for of VIDAL ON HIS RETIREMENT FROM BOARD OF COUNTY COMMISSIONERS OF EMERGENCY SERVICES/FIRE RESCUE retired from Indian River County Fire Rescue effective began his career with Indian River County on July 28, gaining his level II certification within a few years of being he was classified as an EMS Lieutenant and in 2006, was in which capacity he has worked diligently and with great has served this County and the Public with distinction and twenty-six years of service,_he received multiple certificates of which were due to cardiac arrest saves. In the late 80's, he from the City of Ft. Lauderdale and the Florida Crime thwarting a kidnapper who had grabbed a young girl. first responder, both on and off duty, has been evident his work has been greatly appreciated by his employer, alike; and BE IT PROCLAIMED BY THE BOARD OF COUNTY INDIAN RIVER COUNTY, FLORIDA, that the Board efforts on behalf of the- County, and the Board wishes to for the dedicated service he has given to Indian River years; and- that the.Board of County Commissioners and staff success in his future endeavors. October 2015. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA `)) : �� VER. 6: Wesle .Davis, Chairman JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM:' DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 1, 2015 SUBJECT: APPROVAL OF WARRANTS September 25, 2015 to October 1, 2015 In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of September 25, 2015 to October 1, 2015. Attachment: DLB: DB BA 9 TRANS NBR 331208 331209 331210 331211 331212 331213 331214 331215 331216 331217 331218 331219 331220 331221 331222 331223 331224 331225 331226 331227 331228 1- 331229 331230 331231 331232 331233 331234 331235 331236 331237 331238 331239 331240 331241 331242 331243 331244 33]245 331246 331247 331248 331249 331250 331251 331252 331253 331254 331255 331256 331257 331258 331259 331260 331261 331262 331263 331264 331265 DATE 9/25/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 CHECKS WRITTEN VENDOR FLORIDA BLUE PORT CONSOLIDATED INC JORDAN MOWER INC TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC CHISHOLM CORP OF VERO AT&T WIRELESS KELLY TRACTOR CO AMERIGAS EAGLE PROPANE LP DEEP SIX DIVE SHOP INC BOUND TREE MEDICAL LLC VERO FURNITURE MART FLORIDA VETERINARY LEAGUE TIRESOLES OF BROWARD INC BARTH CONSTRUCTION INC CARTER ASSOCIATES INC GENERAL PART INC GOODYEAR AUTO SERVICE CENTER BAKER & TAYLOR INC MIDWEST TAPE LLC PALM TRUCK CENTERS INC PST SERVICES INC CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY HEALTH DEPT ROGER J NICOSIA CITY OF VERO BEACH LIVINGSTON PAGE PUBLIX SUPERMARKETS PUBLIX SUPERMARKETS PUBLIX SUPERMARKETS PUBLIX SUPERMARKETS WAL MART STORES EAST LP ACUSHNET COMPANY EXCHANGE CLUB CASTLE FEDERAL EXPRESS CORP FEDERAL EXPRESS CORP MORGAN & EKLUND INC TRAFFIC PARTS INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT JAMES GRAY JR FLORIDA BLUE PHILLIP J MATSON TAYLOR MADE GOLF CO INC CATHOLIC CHARITIES DIOCESE OF PALM BCH BLUE SHIELD FLORIDA FEDERAL MEDICARE PART B FINANCIAL SERVICES CHRISTOPHER R MORA TRICARE HENRY SMITH ALAN C KAUFFMANN PETTY CASH G K ENVIRONMENTAL INC CHILDRENS HOME SOCIETY OF FL MICHAEL REDSTONE HUMANA PINNACLE GROVE LTD AMOUNT 1,139 97 63,038.02 1,582.93 19.155 46 431.90 650 95 2,846 99 85.52 1,227.60 830.58 579 80 2,812.66 3,360.00 74.74 2,556 76 62,660 00 23,350.00 1,001.19 1,208.28 2,270.48 1,709 03 506 92 20,371 78 2,477.10 2,904.00 1,500.00 1,269.05 195 00 8.00 10 00 5 95 6156 3_4.» 945 70 2,945.41 22.43 28.57 14,890.00 1,585.00 87,386.23 44451 83.00 1,213.77 13.35 210.11 1,203.61 750.52 247.11 636 41 340.18 280.00 60 00 13.48 3,850 00 1.250 00 45 00 190 61 500 00 1 TRANS NBR 331266 331267 331268 331269 331270 331271 331272 331273 331274 331275 331276 331277 331278 331279 331280 331281 331282 331283 331284 331285 331286 331287 331288 331289 331'290 331291 331292 331293 331294 331295 331296 331297 331298 331299 331300 331301 331302 331303 331304 331305 331306 331307 331308 331309 331310 331311 331312 331313 331314 331315 331316 331317 331318 331319 331320 331321 331322 331323 331324 331325 DATE 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 VENDOR AMOUNT JOE A WILD 99 98 ST LUC1E COUNTY BOCC 104,767.25 RUSSELL PAYNE INC 140.28 TRANE US INC 52,136.30 CELICO PARTNERSHIP 120.05 JOSEPH W VASQUEZ 220.00 BIG BROTHERS AND BIG SISTERS 1.250.00 JOHNS EASTERN COMPANY INC 5.227 08 CENTRAL PUMP & SUPPLY INC 69.70 NEXTEL SOUTH CORP 62.33 LARRY STEPHENS 120 00 JOHNNY B SMITH 225.00 FISHER & PHILLIPS LLP 1,825.60 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 250.00 SEBASTIAN CHARTER JUNIOR HIGH 150.00 TREASURE COAST FOOD BANK INC 185.38 EVERYTHING OUTDOORS WHOLESALE 3,100.00 BRYAN R SPARLING 50 00 WENDY JORDAN 50 00 FLORJ DA MEDICAID 75.31 GARRETT SMITH 40 00 MCAFEE INC 5,400.00 ATLANTIC COASTAL LAND TITLE CO LLC 75 00 BOULEVARD TIRE CENTER 1,929.30 YOUR AQUA INSTRUCTOR LLC 90.00 DELRAY MOTORS 644.49 OVERDRIVE INC 2223.36 LIBERTY MAGNET ELEMENTARY SCHOOL 8 00 JEAN MACKEY 32.58 NEWSOM OIL COMPANY 514.25 TIM ZORC 472 79 FLORIDA TIME CLOCK 561.73 REPROGRAPHIC SOLUTIONS INC. 1944 LOWES HOME CENTERS INC 775.52 LABOR READY SOUTHEAST INC 8,589 95 AMERICAN MINORITY BUSINESS FORMS 474 98 TREASURE COAST TURF INC 162.00 PENGUIN RANDOM HOUSE LLC 54.00 PITMAN TRACTOR & EQUIPMENT INC 195 00 GIVING KIDZ A CHANCE INC 2,500.00 GIVING KIDZ A CHANCE INC 833.33 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 HAWKINS INC 1,099.50 THE TRANSIT GROUP INC 6,287.00 GENUINE PARTS COMPANY 26.49 SHAMROCK RESTORATION SERVICES INC 2,982.05 LAURA TERLIZZESE 150.00 SHAQUANA SPEED 50.00 LAKENDRA PARIS 50.00 MARGIE S DEBOLT 500 00 NAOMI OTTUSO 10.00 MARTIN POINT INS 235.97 BRENDA NORRIS 100.00 CLARICE SINCLAIR 97.37 MOI SE PREMIER 93 44 BESSIE M WALSH 50.24 KATHRYN M WILLIMS 93.53 SUNZ INS COMPANY 572.00 EVELYN E BITTNER 82.58 MARY AMBAT 156 09 TRANS NBR 331326 331327 331328 331329 331330 331331 331332 331333 331334 331335 331336 331337 331338 331339 331340 331341 331342 331343 331344 331345 331346 331347 331348 331349 331350 331351 331352 331353 331354 331355 331356 331357 331358 331359 331360 331,361 331'362 331363 331364 331365 331366 331367 331368 331369 331370 331371 331372 331373 331374 331375 331376 331377 331378 331379 331380 331381 331382 331383 331384 331385 DATE 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 VENDOR RAYMOND ANDREWS CLARA S BRYANT BONNIE R DORSEY TIRZAI-1 A CUNNINGHAM LYNNE H EDGAR CATHERINE GUTHRIE BAILEY PAUL CARONE LINDSEY GARDENS LTD CREATIVE CHOICE HOMES XVI LTD PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS THE PALMS AT VERO BEACH ED SCHLITT LC JOHN OLIVIERA ARTHUR PRUETT JOSEPH LOZADA MICHAEL JAHOLKOWSKI LUCY B HENDRICKS HFB OF FLORIDA LLC ANDRE DORAWA PAULA WHIDDON COURTYARD VILLAS OF VERO LLC JAMES W DAVIS NITA EZELL LINDSEY GARDENS 11 LTD MISS INC OF THE TREASUE COAST DANIEL CORY MARTIN CRAIG LOPES MARY CHADWICK FIVE STAR PROPERTY HOLDING LLC WILLIAM LEE MARK BAER 33 MILES EAST INVESTMENTS LLC FRESH START HOUSING LLC ROBERT J GORMAN JUAN CRAVES REID REALTY MELISSA CAMARATA JOHNATHON KNOWLES INDIANTOWN NON-PROFIT HOUSING INC AUGUSTUS B FORT JR VERO REO LLC ' RIVER PARK ASSOCIATES CREATIVE CHOICE HOMES XVI LTD TREASURE COAST HOMELESS SERVICES VERO CLUB PARTNERS LTD THE PALMS AT VERO BEACH PELICAN ISLES LP SUNCOAST REALTY & RENTAL MGMT LLC SONRISE VILLAS LTD INDIAN RIVER RDA LP RICHARD L DAVENPORT LINDSEY GARDENS II LTD LIVE OAK VILLAS LTD AHS HOLDINGS GROUP LLC DANIEL CORY MARTIN SARAH SPANN MADISON CAY LTD FOUNDATION FOR AFFORDABLE RENTAL HOUSING AMOUNT 98.32 30.00 56.35 89 89 93.82 25.00 3.721 00 309 00 440.00 869 00 1,631.00 388 00 475 00 560.00 698 00 409.00 1,212 00 547.00 573.00 764.00 650.00 553.00 560.00 334.00 459.00 516.00 2,363 00 2,116.00 377.00 0 00 847 00 490.00 27,661 00 592.00 938.00 424.00 700.00 478 00 641 00 722.00 1,062.00 581.00 559.00 1,820.00 2,193.00 260 00 81600 974.00 736.00 624.00 507 00 233 00 442.00 320.00 550 00 575.00 585.00 811.00 441.00 1,079.00 3 TRANS NBR 331386 331387 331388 331389 331390 331391 331392 331393 331394 331395 331396 331397 331398 331399 331400 331401 331402 331403 331404 331405 331406 331407 331408 331409 331410 331411 331412 331;413 331414 331415 331416 331417 331418 331419 331420 331421 331422 331423 331424 331425 331426 331427 331428 331429 331430 331431 331'432 331433 331434 331435 331436 331437 331438 331439 331440 331441 331442 331443 331444 331445 DATE 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015. 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 - 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 VENDOR AMOUNT GCA PROPERTIES LLC 464.00 ALARM PARTNERS 128.28 GREENE INVESTMENT PARTNERSHIP LTD 3,426.06 INDIAN RIVER COUNTY HEALTH DEPT 46,770.62 MEDICAL EXAMINERS OFFICE 27,016.62 VICTIM ASSISTANCE PROGRAM 5,568 62 CITY OF VERO BEACH 2,056.33 CITY OF VERO BEACH 11,612.50 FLORIDA WATER & POLLUTION CONTROL 30.00 BRE-CLEARWATER OWNER LLC 119.00 HILTON GARDEN INN 97 00 PITNEY BOWES INC 201.00 BANK OF NEW YORK 1,250 00 LELCO FB TALLAHASSEE LLL 381 00 BRIAN FREEMAN 230 00 FLORIDA EAST COAST INDUSTRIES INC 21,974.76 PIONEER TECHNOLOGY GROUP 11,869.00 MEG TALLAHASSEE AL LP 98 00 MHG TALLAHASSEE AL LP 109.00 COURSE TRENDS INC 300.00 PAULA ROGERS & ASSOCIATES INC 650.00 ORANGE COUNTY HOUSING & C D 628.75 ALL FLORIDA REALTY SERVICES INC 2,859.00 VERO BEACH EDGEWOOD PLACE (305-113) 717.00 GRACES LANDING LTD 9,062.00 MICHAEL JACKOWSKI 496.00 PAUL JULIN 369.00 TERRY A LAWRENCE 39.00 LINDSEY GARDENS LTD 4,363.00 BRYAN D BLAIS 762.00 RIVER PARK ASSOCIATES 16,046.00 RICHARD C THERIEN 493.00 CREATIVE CHOICE HOMES XVI LTD 7,709.00 DAVID YORK 506 00 ST FRANCIS MANOR OF VERO BEACH 399.00 CITY OF VERO BEACH 125.00 TREASURE COAST HOMELESS SERVICES 2,448.00 FLORIDA POWER AND LIGHT 7.00 VENETIAN APARTMENTS OF VERO BEACH 864 00 HERMOSA PROPERTIES LLC 294.00 PINNACLE GROVE LTD 8,409.00 VERO CLUB PARTNERS LTD 19,084.00 INDIAN RIVER COUNTY HOUSING AUTHORITY 167 00 INDIAN RIVER COUNTY HOUSING AUTHORITY 173.00 CRAIG MERRILL 1,235.00 CHRISTINE SALTER 484.00 HAGGERTY FAMILY LTD 299.00 THE PALMS AT VERO BEACH 12,142.00 FELLSMERE COMM ENRICHMENT PROGRAM INC 93.00 DAVID CONDON 628 00 HILARY MCIVOR 342.00 PAULA LANE 405.00 JOHN A CAPPELLO 379 00 PELICAN ISLES LP 5,848.00 KATE TYSON LYONS 315 00 SUNCOAST REALTY & RENTAL MGMT LLC 7,646 00 OAK RIVER PROPERTIES INC 515.00 ADINA GOLDMAN 530.00 INDIAN RIVER RDA LP 2,600 00 MAURICE W BROWN 336 00 .4 TRANS NBR 331446 331447 331448 331449 331450 331451 331452 331453 331454 33.1455 331456 331457 331458 331459 331460 331461 331462 331463 331464 331465 331466 331467 331468 331469 331470 331471 331472 331473 331474 331475 331476 331477 331478 331479 331480 331481 331482 331483 Grand Total: DATE 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 ;; Void Check VENDOR AMOUNT GEORGE THUYNS 625.00 LAZY J LLC 2,025 00 SYLVIA MCNEILL 635 00 SKOKIE HOLDINGS TNC 750.00 ROGER WINSLOW 478.00 COURTYARD VILLAS OF VERO LLC 781 00 VINCENT PILEGGI 206.00 OSLO VALLEY PROPERTIES INC 779 00 SAID S MOOBARK 799.00 CORY J HOWELL 365.00 OSCEOLA COUNTY SECTION 8 645 75 LINDSEY GARDENS 1I LTD 4,683 00 ANTHONY ARROYO 403.00 AHS HOLDINGS GROUP LLC 4,508.00 YVONNE KOUTSOFIOS 363 00 ALAN R TOKAR 650 00 VILLAS OF VERO BEACH 463 00 BRIAN E GALLAGHER 505 00 MANUEL V CAMACHO SR LLC 686 00 HOUSING AUTHORITY 876.75 STEPHANIE WATCHEK FOUNTAIN TRUST 223 00 MICHAEL STILES 526.00 BLTREJV3 PALM BEACH LLC 2,126 00 RACHEL G SIDMAN 462 00 SCOT WILKE 592 00 MARK BAER 476 00 GLS FUND VERO LLC 1,013 00 WANELL DONNELLI 364 00 J & K PALMER ENTERPRISES LLC 213.00 THEODORE BARTOSIEWICZ 468.00 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 13,195 00 RICHARD KUSSEROW 475.00 IRC PROPERTIES LLC 627 00 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY 11\ 521.00 SONRISE VILLAS 11 LLC 1.434 00 JOHN T STANLEY 795 00 COMPBENEFITS COMPANY 126 00 COLONIAL LIFE & ACCIDENT INS CO 51.48 908,783.69 5 TRANS.NBR 1007471 1007472 1007473 1007474 1007475 1007476 1007477 1007478 1007479 1007480 1007481 1007482 1007483 1007484 1007485 1007486 1007487 1007488 1007489 1007490 1007491 1007492 1007493 1007494 1007495 1007496 1007497 1007498 1007499 1007500 1007501 1007502 1007503 1007504 1007505 1007506 1007507 1007508 1007509 1007510 1007511 1007512 1007513 1007514 1007,515 1007516 1007517 1007518 1007519 1007520 1007521 1007522 1007523 1007524 1007525 1007526 1007527 1007528 ELECTRONIC PAYMENT - VISA CARD DATE 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/28/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 9/30/2015 10/1/2015 VENDOR EVERGLADES FARM EQUIPMENT CO INC COMMUNICATIONS INTERNATIONAL COLD AIR DISTRIBUTORS WAREHOUSE DAVIDSON TITLES INC ALLIED UNIVERSAL CORP GROVE WELDERS INC ARAMARK UNIFORM & CAREER APPAREL LLC FIRST HOSPITAL LABORATORIES INC CENGAGE LEARNING CORPORATION FERGUSON ENTERPRISES INC GLOBAL GOLF SALES INC BARKER ELECTRIC, AIR CONDITIONING COPYTRONICS INC CAPITAL OFFICE PRODUCTS CONSOLIDATED ELECTRICAL DISTRIBUTORS INC BENNETT AUTO SUPPLY INC AUTO PARTNERS LLC ENVIRONMENTAL CONSERVATION LABORATORIES AT&T OFFICE DEPOT BSD CUSTOMER SVC ROBINSON EQUIPMENT COMPANY INC COPYCO INC HENRY SCHEIN INC UNIVERSAL SIGNS & ACCESSORIES SAFETY PRODUCTS INC INDIAN RIVER BATTERY MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC NEWMANS POWER SYSTEMS IRRIGATION CONSULTANTS UNLIMITED INC SOUTHERN COMPUTER WAREHOUSE WIGINTON CORP TOTAL TRUCK PARTS INC SOUTHERN PLUMBING INC MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS SOUTHERN JANITOR SUPPLY INC SPINNAKER VERO INC L&L DISTRIBUTORS TIGHT LINE PRODUCTIONS INC IMAGENET CONSULTING LLC SCRIPPS NP OPERATING LLC FPS OFFICE SOLUTIONS LLC AT&T OFFICE DEPOT BSD CUSTOMER SVC COMMUNICATIONS INTERNATIONAL HELENA CHEMICAL INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC DAVES SPORTING GOODS & TROPHIES ARAMARK UNIFORM & CAREER APPAREL LLC JOHN DEERE COMPANY SOUTHERN JANITOR SUPPLY INC CAPITAL OFFICE PRODUCTS CONSOLIDATED ELECTRICAL DISTRIBUTORS INC AUTO PARTNERS LLC L&L DISTRIBUTORS COMCAST AMOUNT 1,239.63 78.00 1.439 12 1,656.67 5,212.69 591.17 1,192.28 103.50 282.92 7,612.49 238.65 2,340.00 68.68 623.76 168.54 1,359.22 1,277.48 IN 9,350.00 18,278.87 449.07 497 17 88 70 31.50 5,026 00 90 82 5,554.35 1,51040 365.50 404.14 121.82 47.52 494 00 13167 112.00 542.00 151.09 5.213.62 86 55 1,230.50 995.00 87.00 137.00 151.55 1;922.28 393.94 182.75 608.25 979 90 3,267.50 240.00 89.14 2,524.06 841 373.33 10 18 358.94 1,176 60 185 75 1 1 TRANS. NBR DATE VENDOR Grand Total: AMOUNT 88,953.67 TRANS NBR 3842 3843 3844 3845 3846 3847 3848 3849 3850 3851 3852 3853 3854 3855 3856 3857 3858 3859 3860 3861 3862 3863 3864 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 9/25/2015 9/25/2015 9/25/2015 9/25/2015 9/25/2015 9/25/2015 9/25/2015 9/25/2015 9/25/2015 9/25/2015 9/28/2015 9/29/2015 9/29/2015 9/29/2015 9/29/2015 9/30/2015 9/30/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 10/1/2015 VENDOR INDIAN RIVER COUNTY TAX COLLECTOR TEAMSTERS LOCAL UNION #769 1RC FIRE FIGHTERS ASSOC ICMA RETIREMENT CORPORATION ICMA RETIREMENT CORPORATION NACO/SOUTHEAST FLORIDA LEAGUE OF CITIES, INC NACO/SOUTHEAST FL SDU I R C HEALTH INSURANCE TRUST IRS -PAYROLL TAXES B/C B/S OF FL ADM FEE HEALTH ADVOCATE SUN LIFE FINANCIAL MUTUAL OF OMAHA US BANK FL RETIREMENT SYSTEM AGENCY FOR HEALTH CARE ADMIN JOSEPH G MILLER INDIAN RIVER COUNTY SHERIFF CLERK OF CIRCUIT COURT AMOUNT 18,110 74 5,389.00 5,790 00 10,976.06 2,085 00 576.03 6,771 01 25,775 46 5,799 42 61,133 10 386,649.46 10,989.00 363.00 5,350.40 2,027.50 185,018 75 451,369.26 13,173.89 1,000.00 3,375,057 61 75,000.12 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 309,817.98 INDIAN RIVER COUNTY SHERIFF 5,197.77 4,963,420.56 1 INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works E rector C -v•-• FROM: Louise Gates, Land Acquisition Specialist SUBJECT: INTERSECTION IMPROVEMENT PROJECT #1203 (OSLO ROAD AND 66TH AVENUE) Oslo Road, east of 66th Avenue Audrey Graves Sexton Parcel I.D. #33-39-20-00001-0130-00002.0 DATE: September 29, 2015 DESCRIPTION AND CONDITIONS The County is planning to improve the intersection of Oslo Road and 66th Avenue. The proposed improvements include reconstruction of the intersection, the addition of eastbound and westbound left turn lanes on Oslo Road, a southbound left turn lane on 66th Avenue, minor drainage improvements, and a traffic signal. To construct the improvement project the County needs to acquire approximately 80 feet along the frontage of Mrs. Sexton's property. The parent parcel contains 19.84 acres, zoned A-1. Staff has offered $38,300.52 for the 55,508 square feet or 1.27 acres of property. The offer is based on previous sales in the area of $30,000 per acre. Mrs. Sexton has accepted the offer and executed the agreement to purchase and sell real estate contract. The firm of Collins, Brown, Barkett, Garavaglis & Lawn represent Mrs. Sexton. There are no appraisal fees. Attorney fees of $1,500 FUNDING Funding is budgeted and available from Traffic Impact Fees/District III/ROW/Oslo Road - 66th Avenue Intersection - Acct# 10215341-066120-13005 Property Acquisition Oslo Road/ 6tH Avenue Project tt1203 18 Audrey iSexton, east of ties"' Avenue September 29, 2015 Page 2 of 2 RECOMMENDATIONS The Board's options include the following: Option' 1: Staff recommends the Board approve the attached Contract for Sale and Purchase of the Sexton property for $38,300.52 and authorize the Chairman to execute the contract on behalf of the Board. Option 2: Reject the terms of the Agreement and continue to negotiate. ATTACHMENT 1. Two' "Originals" of the Purchase Agreements DISTRIBUTION Christopher R. Mora, Public Works Director Louise Gates, Land Acquisition Specialist APPROVED AGENDA ITEM FOR: October 13, 2015 BYtarallh d 2 Indian River County Approved Date Administration 10,17)b Budget 10/77(5 Legal )D -6 - JA% Public Works C) -s' /a/Y- Engineering "'J to S 19 Original AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND AUDREY GRAVES SEXTON, AS TRUSTEE OF THE AUDREY GRAVES SEXTON TRUST U/A/D MAY 31, 2005 THIS AGREEMENT TO PURCHASE AND SELL :REAL ESTATE ("Agreement") is Made and entered into as of the craybf September, 2015, byand between Indian:RiVer County, a political subdivision at -t -c State of Florida- (the County"), and Audrey Graves Sexton, as Trustee of the Audrey Graves Sexton Trust U/A/D May 3t, 2005, Who agree as follows: WHEREAS, Audrey Graves. Sexton, as Trustee OWns a 19.84 acre parcel of property Iodated east of 66th Avenue and 9th Street SW, Vero Beach, Florida. A sketch and legal description of the property showing the proposed :right-of-way to be purdhaSed, is attach'ed to this agreement as Exhibit "A" and incorporated by reference herein; and !WHEREAS, Audrey Graves Sexton is the Trustee of the Audrey Graves Sexton Trust Ll/A/D May 31, 2005; and WHEREAS, the County is scheduled to expand the intersection of 66th Avenue and 9th StreetSW in the futureand:the road: expansion will impact the Audrey Graves Sexton. Trust property; and WHEREAS, irr Orderforthe Couhtyto prodeed. with its road:intersection expansion plans, the County needs to purchase property to be used as right-of-way from the Audrey Graves Sexton Trust; and WHEREAS, after negotiations with the County; The Audrey Graves :Sexton Trust has agreed to sell to the CbUnty-the_needed right-of-way of approximately 55;508 square feet or 1:27 acres of property as depicted on Exhibit "A", referred to as the Property; and WHEREAS, The Audrey Graves Sexton Trust and the County Wish enter into this agreement for the purdhase_of the Property; NOW, THEREFORE, in consideration .of the mutual terms, conditions, pthmises, covenants and premises hereinafter, the County and The Audrey Graves Sexton Trust agree t f011OWS: 1. Recitals,. The above recitals are affirmed as being true and correct arid are incorporatedherein 2. Agreement to Purchase and Sell. The Audrey Graves Sexton Trust (Seller) hereby 1 20 Original agree to sell to the County, and the County herebyagreesto purchase from Sellers, upon the terms and conditions, set forth in this Agreement that certain parcel of real property located:east of the cane -1'0f 66th Avenue and 9th Street -SW, Vero Beach, Florida and more specifically described :in the sketch and legal description attached as Exhibit U -A", fee simple, containing approximately 55,508 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (the "ROW Ptopertyls). 3. Purchase Price, EffectiveDate. The purchase price ("Purchase Price") for the ROW Property Shall be $38,300.52 (Thirty -Eight Thousand Three Hundred and 52/100 Dollars), The Purchase Price shall be paid on the Closing Date. The EffebtiVe Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement; either by approval by the Indian River County Board of County Commissioners ata formal meeting of such Board or by the County Administrator pursuant •to his delegated authority. 4. Title. Sellers shall convey Marketable -title to the PrOpertyby warranty deed free of claims, liens, ease -Monts -and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no Violation of any of the foregoing; and (b) none Of the foregoing prevents County!s intended use and development of the Property ("Pettnitted Exceptions"). 4:1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County -shall within fifteen (15) days following • the Effective Date -of this Agreement deliver written notice to Sellers of title defects. Title shall be deemed acceptable to County if, (a) County fails to deliver:notice of defects within the time specified, or (b) County delivers notice and Sellers cure the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Sellers shall use Its best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall. have thirty (30) days from the end Otte Curative Period to eleCt,by wntten notice to Seller; to; (i) to terminate this Agreefrierit, Whereupon shall be of no further force and effect, or (ii) extend the Curative Period for Up to an additional 90 day's; Or (111) accept title: subjectto existing defects and proceed :to closing, 5. Representations of the Sellers: 5.1 Sellersare indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority -to convey and transfer the Property which is the subject matter of 'this Agreement, free -and clear of all liens and encumbrances. 4.2 From and- after the Effective Date of this Agreement, Sellers shall take no action whiCh would impair- or otherwise affecttitle to any.pOrtion ofthe Property, and shall record 2. 21 Original no documents in the Public Records which would affect title tb the Property; without the prior written consent of the County. 4.3.1 ! There are no existinggor pending special assessments affecting the Property, which are or may be assessed by any govemmental authority; water or sewer authority, school district, drainage district or any other special taxing- district. 5. Default. 5..1 In the event the County shall fail to perform any of its obligations- hereunder, the Seller shall, •at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or priorto:the Closing:Date.and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the :County; .or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall. failto perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered.to the Seller at or priorto the Closing Date and -thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the.Seller or (ii) obtain:specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. -Closing. 6.1 The closing Of the transaction -contemplated; herein:("Closing" and 'Closing Date") shall take place within 45 days following the: execution of the contract by the Chairman Of the Board of County Commissioners. 'The parties :agree that the Closing shall be .as follows: (a) The Seller shall execute and deliver' to the County a warranty deed conveying marketable title to the .Property, free and clear of .all liens and encumbrances and in the condition required by paragraph 3. (b) j The Seller shall have removed: all of its personal property' -and equipment -from the Property and Seller shall deliver possessionof the Property to County vacant and in the same;or better condition that existed at the Effective Date .hereof. (c) If Seller is obligated to discharge any encurribrances at or prior to Closing and fails to do so, County -.may use a:poition of -Purchase Pricefundsto:satisfy the encumbrances. (d) ; If the Selleris a'non-resident alien or. foreigntentity,.Seilerahall:delivertothe County an affidavit, in a form acceptable, to .the'County,,certifying .that the Seller and any interest holders are .not .subject to tax under the Foreign Investment and Real Property Tax Act of 1980. 3 22 Original (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 .Taxes. All taxes and special assessments which are a lien upon the property on•or prior to :the Closing Date (except current taxes vvhich are -not yet due and payable) shall be paid by the Seller. 7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 •Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All-costsand premiums -for the owners marketability title insurance commitment and policy; if any. 7:2 Seller shall pay the following exp.ensesset .or prior to Closing: 72.1 !.All costs necessary to cure title defect(s) brendUrribrances, otherthan the Permitted Exceptions, and tosatisfy or release of record all existing mortgages, liens or encumbrances upon the -Property. 8: Miscellaneous. 8.1 Controlling Law. This Agreement shall beconstrued andenforced in ac.cordance with the laws of the State of Florida. Venue shall be in lhdian River County for all state court matters, and: in the Southern District Of Florida for all federal coutt matters 8.3 . .Entire Agreement. This Agreement constitutes the entire agreerherittetween the parties with respect to this trahgaction and supersedes all prior agreenients, written or oral, between the Seller and the County relating to the subject matter hereof. Any modificationor amendment to this Agreement shall be effective only if in writing and executed by each of the p.aetieS. 8:4 Assignment and Binding Effect. Neither County norSellet may assign itsilghts and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any ribticeShall.bedeemed.dulysenied ifper8onallyserved-or if mailed by certified Mail, return receiptrequested, or if seritvia "civethig.hr.courierservite Orfacsithile- 4 23 transmission, as follows: If to the Trust: If to County: Audrey Graves Sexton Trust c/o Audrey Graves Sexton, Trustee 4555 13th Street SW Vero Beach, FL 32968 Indian River County 1.801-27thStreet Vero Beach, FL. 32960 Attn: Land. Acquisition/Louise.Gates Original Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit: Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by oron behalf of either party, or in any :instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the .other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's -Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts.. This Agreement :May be executed in two ormore.counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.10 , Beneficial Interest .Disclosure: In the event Seller is a partnership; .limited partnership, corporation,..trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial: interest disclosure:statement: in: the form attached to: this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to .approval of this Agreement bythe County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuantto Chapter517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public. entity, that Seller is not required to disclbse persons -or entities holding Tess than five (5%) percent. of the beneficial interest in Steller. 24 Original IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. AUDREY GRAVES SEXTON TRUST U/A/D MAY 31, 2005 By: Audrey Graves Sexton, rustee BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Wesley S. Davis, Chairman Approved by BCC • ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk ApprOved: A SaW di st9eph - Baird, County Administrator Approved as to Form and Le.l Sufficiency: William K. DeBraal Deputy County Attorney 6 25 1 LEGAL DESCRIPTION (RIGHT-OF-WAY) A PORTION OF THOSE LANDS 'DESCRIBED IN OFFICIAL RECORD BOOK. 2825, PAGE 2377 OF THE PUBLIC . RECORDS OF INDIAN .RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:. THE NORTH, 80 FEET '.OF THE SOUTH 130 'FEET OF THE EAST 19.79 ACRES OF TRACT 131.LESS THE EAST 30 FEET THEREOF: AND THE. NORTH 80 FEET OF' THE SOUTH. 'OA FEET OF THE EAST 60 FEET OF THE WEST 20.86 ACRES. OF SAID: TRACT 13, ALL LYING IS SECTION 20, TOWNSHIP 33 SOUTH, RANGE 39 EAST' ACCORDING TO THE. 'LAST GENERAL PLAT OF THE INDIAN. RIVER. FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY FLORIDA, IN PLAT BOOK 2, PAGE ;25; SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, 'FLORIDA. CONTAINING 55;508 SQUARE FEET, MORE OR' LESS, OR 1.27 ACRES. NATES 1. THIS SKETCH AND 'DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE, AND .,THE 'ORIGINAL .RAISED SEAL. OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED .HEREON. 2. THIS SKETCH AND DESCRIPTION, MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5,117, FLORIDA ADMINISTRATIVE CODE. 3. THIS SKETCH AND, DESCRIPTION bOES. NOT REPRESENT A FIELD SURVEY. EXISTING ;PROPERTY CONDITIONS OR FEATURES. ARE NOT SHOWN. CERTIFICATION: SURVEYOR AND. 'MAPPER' IN RESPONSIBLE CHARGE DAVID W. SCHRY .ER,, P:S:M; DATE FLORIDA REGISTRATION 'NO.. LS . 4.864 INDIAN RIVER COUNTY SURVEYOR. AND MAPPER THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR THE INDIAN RIVER COUNTY ENGINEERING DIVISION NDIAN RIVER COUNTY ADMINISTRATION :BUIIAINO 1801. 27th STREET VERO BEACH, FL, 32960 (772) 567-8000 /ND/AN' RIVER COUNTY Deportment of Pub/lc. Works Engineering Division • DRAW BY: •B, .ROACH APPROVED BY: 0.,. SC/i/RYV£R SECTION 20 TOWNSHIP 33'S RANGE 39E R/CHT=OF-WAY ACQUISITION OSLO ROAD -EAST OF 66TH AVENUE SEXTON PARCELor SHEET 1!2 , ..-J- ,I 68 -- — -- to LINE -.1. N UNE TRACT 13 0 100 200 400 VENUE SECTION 19 �! E ROAD) SECTION 20 -- 4 - --- I ,.% .... 7 u k o 33-39-20-00001-0130-00002.0 w SEXTON, AUDREY GRAVES (TRS) x. 0.R.8. 2825, PC. 2377•gN a ro N w zLEGEND_ 1 I I 1 t I GRAPHIC SCALE: SCALE i N f„ , Z f 9 1"=200' I$ o g z n CC L,,, a.. IPG. 1 el I.R.F.W.C.D.=INDIAN RIVER FARMS• WATER CONTROL DISTRICT '0 O.R.B.=OFFICIAL RECORD BOOK' w & PPB. PLAT BOOK = PAGE R/W=RIGHT-OF-WAY a t a NI O 3301 5' 45' s, t CS °i 3 o w PREPARED FOR: ra. INDIAN RIVER COUNTY ENGINEERING. DIVISION # 1 ,' i 1 EXISTING R/W LINE PROPOSED: R W LINE , J r '/ THIS IS NOTA A BOUNDARY SURVEY 1_ oel I S- .SEc110N UNE & s UNE TRACT' 13 OSLO! • ROAD (9TH ST SS W. .�l. s�cTtoN 20 SKETCH TO' ACCOMPANY ° _ wpm) calm B -T j.2cE Bar.= _ _ -sEc 1-29' LEGAL DESCRIPTION NDIAN RIVER COUNTY ADMINISTRATION BUILDING NTth STREET' DEACR, 32eao (772) 567-8000 6., /NO/.4N R/SER COUNTY0� Deparbnenf of Public Works �1 B.ROACH SECTION ?0 R/GHT-OF-WAY ACQU/S/T/ON OSLO ROAD—EAST OF 66TH AVENUE SEXTON PARCEL SMEETIeoi 2vERo or 2 TOWNSHIP 3'3S AFPRovEo er, D. SCHRYVER vav Engineering Ofvlslon . RANGE .39£ _ ac, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, A Community De pment Director FROM: Sasan Rohani, AICP �/1 Chief, Long -Range Planning DATE: October 6, 2015 SUBJECT: CONSIDERATION OF INDIAN RIVER COUNTY'S SHIP PROGRAM ANNUAL REPORT FOR STATE FY 2013-14 FUNDING It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 13, 2015. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The purpose of the SHIP program is to provide affordable housing for income qualified households. As structured, the county's SHIP Program provides low interest, deferred payment, and subordinated loans to eligible extremely low income, very low income, low income, and moderate income households. Those loans are provided primarily for purchase assistance and rehabilitation assistance. As part of the SHIP purchase assistance program, private financial institutions provide principal 1 28 mortgages, while SHIP loans are generally structured as soft second mortgages. Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent oyer a three fiscal year period, the county often has two or more years of SHIP funding active. For example, in the past year the county has expended funds from the following SHIP program fiscal years: FY 12/13, FY 13/14, and FY 14/15. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income consists of SHIP loan repayments and interest earned. Attachment #1 shows historic SHIP fund information. That includes the number of loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements, by September 15 of each year, the county must submit an annual report for each fiscal year for which SHIP funds were expended. Those reports must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years, closeout reports were previously submitted to and approved by the state. 2015 annual reports fare also submitted by the September 15th deadline and approved by the state. For state FY 2013-14 funding, legislators provided a shorter than normal expenditure deadline. For that fiscal year, all funds must have been expended by the end of September 2015. The county complied with that deadline. Attached to this staff report is the county's SHIP Program FY 2013-2014 annual report/closeout report (see attachment 2). That annual report must be submitted to the state by October 31, 2015. ANALYSIS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among; the State Housing Initiatives Partnership Program (SHIP) requirements are the following: • At least 30% of funds must be utilized by very low income (VLI) households • At least 30% of funds must be utilized by low income (LI) households • At least 65% of funds must be utilized for homeownership • At least 75% of funds must be utilized for construction, rehabilitation or emergency repair • Not more than 10% of funds may be utilized for administration costs In administering the SHIP program, the county has met all of those requirements as well as all local requirements for homeownership, credit, employment, assets, and others. As part of the 2015 SHIP annual report review, a copy of the attached annual report has been distributed to members of the county's Affordable Housing Advisory Committee, Affordable Housing Partnership Group, municipalities, and other interested persons for their review and comment. Also, a notice of the availability of the report was posted on the county website. To date, staff has received no comments. 2 29 The purpose of this staff report is to provide the Board of County Commissioners with background information and the attached SHIP FY 2013-14 annual report/closeout report, and to obtain Board authorization for the chairman to sign the Certification Forms for the attached SHIP annual report (see attachments 3 and 4). FUNDING The SHIP program is funded by documentary stamp tax revenues collected and distributed by the State. ALTERNATIVES The Board of County Commissioners has two alternatives with respect to the attached SHIP Annual Report. ; Those are: • To approve the attached SHIP Annual Report and authorize the Chairman to sign the attached Certification Forms, allowing staff to submit the report to the Florida Housing Finance Corporation. • Not to approve the attached SHIP Annual Report. Choosing the second alternative, however, would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached SHIP annual report and authorize the Chairman to sign the attached two Certification forms. Attachments: 1 1. SHIP Funds and Applicant Information Summary 2. SHIP Annual Report for FY 2013-2014 (Closeout Report) 3. Annual Report Certification Form 4. Certification for Regulatory Reform Implementation Indian River Co. Approved Date Admin. / 017/js Legal J -0 10-7--0' Budget /OASDept. I ►c/0//S Risk Mgr. Approved Agenda Item: F:\Community Development\SHIP\Annual Reports\2015 2nd AR for FY 13-14\BCC Staff Report IRC SHIP 2015 Annual Reportor FY 13-14.doc 3 30 SHIP PROGRAM FUNDS AND APPLICANT INCOME INFORMATION SUMMARY -- State FY (JULY 1 - JUNE 30) - Amount of SHIP Allocations (State funding only) - - -SHIP- - Re -payments and other Program Incomes - - Fund Transferred From Previous FY - - -- -- Funds Transferred to Next FY ----- ---- - Total Budget -Number of- Loans Approved by FY Numtiei and by Income Category by % of Loans Approved FY VLI % LI % MI % 1992-93 $ 250,000.00 $ 491.65 $ 249,608.36 41 13 31 71% 17 41 46% 11 26.83% 1993-94 $ 250,000.00 $ 491.65 $ 1,229.99 $ 249,261.66 37 12 32.43% 18 48.65% 7 18.92% 1994-96 $ 250,000.00 $ 1,229.99 $ 1,070.57 $ 260,169.42 30, 11 36.67% 13 43.33% 6 20.00% 1995-96 $ 565,773.00 $ 14,358.95 $ 1,070.57 $ 728.95 $ 680,473.67 68 19 32.76% 35 60.34% 4 6.90% 1996-97 $ 632,136.00 $ 29,887.06 $ 728.95 $ 763.92 $ 661,988.09 74 34 45.95% 36 47.30% 5 6.76% 1997-98 $ 622,455.00 $ 50,489.83 $ 763.92 $ 2,895.52 $ 670,813.23 i 66 22 33.85% 36 55.38% 7 10.77% 1998-99 $ 903,723.00 $ 76,289.63 $ 2,895.52 $ 1,222.30 $ 981,686.85 64 23 35.94% 37 57.81% 4 6.25% 99-2000 $ 749,773.00 $ 62,361 43 $ 1,222.30 $ 2,330.62 $ 811,026.11 45 19 42.22% 21 46.67% 6 11 11% 2000-01 $ 1,205,592.00 $ 94,288.47 $ 2,330.62 $ 6,182.41 $ 1,296,028.68 74 27 36.49% 35 47.30% 12 16.22% 2001-02 $. 1,023,335.00 $ 117,946.26 $ 6,182.41 $ 1,726.79 $ 1,145,736.88 70 26 37 14% 34 48.57% 10 14.29% 2002-03 $ 1,195,168.00 $ 263,472.59 $ 1,726.79 $ 584.91 $ 1,469,782.47 84 40 47.62% 36 42.86% 8 9.52% 2003-04 $ 955,048.00 $ 429,002.84 $ 584.91 $ 9,055.09 $ 1,376,680.66 66 32 48.48% 22 33.33% 12 18.18% 2004-05 $ 916,659.00 $ 780,843.50 $ 9,055.09 $ 667.95 $ 1,705,889.64 64 22 40.74% 18 33.33% 14 25.93% 2005-06 $ 930,319.00 $ 776,332.65 $ 667.95 $ 1,573.97 $ 1,705,745.63 46 22 47.83% 17 36.96% 7 15.22% 2006-07 $ 1,209,521.00 $ 571,296.01 $ 1,573.97 $ 3,254.83 $ 1,779,136.16 45 13 28.89% 17 37.78% 15 33.33% 2007-08 $ 1,238,998.00 $ 388,611.21 $ 3,254.83 $ 763.39 $ 1,630,100.65 48 21 43.75% 21 43.75% 6 12.50% 2008-09 $ 1,379,672.00 $ 137,282.47 $ 763.39 $ 840.61 $ 1,616,877.25 60 34 56.67% 26 43.33% 0 0.00% 2009-10 $ 350,000.00 $ 512,787.89 $840.61 $ 4,533.52 $ 869,094.98 46 16 35.56% 16 35.56% 13 28.89% 2010-11 $ - $ 1,140,960.90 $ 4,533.52 $ 2,642.72 $ 1,142,861.70 70 38 54.29% 29 41 43% 3 4.29% 2011-12 $ 350,000.00 $ 200,065.07 $ 2,642.72 $ 9,168.11 $ 643,639.68 26 16 61.54% 7 26.92% 3 11.54% 2012-13 $ 55,619.00 $ 227,996.34 $ 9,168.11 $ 4,467 47 $ 288,316.98 12 6 50.00% 6 41.67% 1 8.33% 2013-14 $ 350,000.00 $ 154,122.17 $ 4,46747 $ 795.86 $ 607,793.78 21 13 61.90% 7 33.33% 1 4.76% 2014-16 YTD $ 697,558.00 $ 202,255.91 $ 795.86 $ - $ 900,609.77 20 6 30.00% 13 65.00% 1 5.00% 2016-16 $ 695,135.00 $ 15,600.00 TOTAL $ 16,776,484.00 $ 6,246,261.18 $ 66,991.16 i $ 66,991.15 $ 23,022,736.18 _ 1166 485 41.99% , 616 _ 44.59% 1 166 13.42% Total SHIP & HHR loans 1637 /ATTACHMENT 1 F•\Community Development\SHIP\Budget\SHIP and other Summary 10/2/2015 Title: SHIP Annual Report Indian River County FY 2013/2014 Form 1 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Report Status: Unsubmitted SHIP Distribution Summary Homeownership r, xpended �k Amo nu t�; •;Unitsi. 'rtUnits�� Unencumbered 1 Purchase Assistance with Rehab $71,355.43 3 2 Purchase Assistance without Rehab $20,000.00 1 3 Rehabilitation $253,226.74 7 6 Emergency Repair $26,392.40 5 2 Purchase Assistance with Impact Fee Loan $110,907.00 5 Homeownership Totals: Rentals $481,881.57 21 -a- ` �aAyi64"i.3e_� Coder-��;�3trategy=firs n'a;r;�=_-3 ZY ,:i?$? -r. �l�•� _.^�-� _ � :� sY' ,.,^4_ _''e� '� . f° �•Ex+ '---m--nded``- ,.r; p. ..aC,� AAmount ___•r_ ' �tP7-1 'l,'.. �.y y� Units __ __ ;:i. . �',-..' _ Encumbee-fl i:�.'"t:r%e'a-F> --. ,,:€ y.• Amounts ,^z7*�=,i.. K•, --i_ ;limy.: .. ~Units - i.'-i'-5.::ft�•�:i.rta.».a Unencumbered,' %c''z. _'.<3'. .G'�--C, ~:Amount 1 ; ;n`Y'+:S ~.Units Rental Totals: Subtotals: Additional Use of Funds s7 �'�. Use: 1". -;;j, Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds .77.-7,4-7J-77,77• $481,881.57 frr Ezperi 11.0_, hr, $10,500.00 State Annual Distribution $15,412.21 Program Income (Interest) 21 ri Encumbe ed;, 21: _<. 507=73,78 00,sr; .�..� f;.^set'e� •x �..»...'.c. �_,F>. -ti ,�. ..-„ .a,4 -., -~,.rte.-: ;r. -_•-,Y-.4'... Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund P:- 'Vi,Sorceof unds ' _i;f ,.-. c= Y fr`: ?t_. 1:',-:.:-',45.0.1n.,-714-,.. �?-4: 3--'s munt''4•Y.::' 7�f,ui_=_'. State Annual Distribution $350,000.00 Program Income (Interest) 21: _<. 507=73,78 00,sr; .�..� f;.^set'e� •x �..»...'.c. �_,F>. -ti ,�. ..-„ .a,4 -., -~,.rte.-: ;r. -_•-,Y-.4'... Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund P:- 'Vi,Sorceof unds ' _i;f ,.-. c= Y fr`: ?t_. 1:',-:.:-',45.0.1n.,-714-,.. �?-4: 3--'s munt''4•Y.::' 7�f,ui_=_'. State Annual Distribution $350,000.00 Program Income (Interest) $764.18 Program Income (Payments) $153,357.99 Recaptured Funds Disaster Funds Other Funds Page 1 Unencumbered';` glACIIMENT 2 32 glACIIMENT 2 32 Carryover funds from previous year $4,467.47 Total: $508,589.64 Form SHIP AR/2009 67-37 008(3)(f), F.A.C. Effective Date: 11/2009 * Carry Forward to Next Year: $795.86 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Form 2 Page 2 33 Form SHIP AR/2009 67-37.008(3)(f), F.A.0 Effective Date 11/2009 Rental Unit Information Descriptionce„ • sed V No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraging") ,,}5..., >. {'.` ,-,-A-',0,14.1. ,--..„..„-k.,4,,..,urceTunds'Produce&- - .+�.:,:� rs+r,'�Y; . thro n30tfi.for'UnitSiki :.�.._. � 3 :1.-K 2` • "; i.- .t r4 •:.1 'Amount, *. , ofyFuiiiis,4Ezpentled' , ��. ti y-.;t;:�-i:.r i.t.<v. .:"X;,< : y1�' — .¢:Date '..3:';r ; ' :,t, -:.�., �-��: � ,�._.. -.)+• 1..�: •:F Y=h::t--,'•.J. 'Y ~n :,:w,s, -i a.•.; ; � �, -, A,'3t. c'�`; :,,,• '- ;yC. _ '� F .w_ ,,.;::o . - -.: �.��,lo of•Total��7alue�: ,.,<-; SHIP Funds Expended $481,881.57 41.16% Public Moneys Expended .00% Private Funds Expended $688,990.00 58.84% Owner Contribution .00% Total Value of All Units $1,170,871.57 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab >HIPriI �urii. f' :Jr-- %i-f}„Trust*Fund; y�Mlnimum;�%.; r Homeownership $481,881.57 $350,000.00 137.68% 65% Construction / Rehabilitation $481,881.57 $350,000.00 137.68% 75% Program Compliance - Income Set -Asides Extremely Low $161,021.40 SHIPFunds Encumbered SHIP,AFun i$, -' nencumbered= F:_t TLotaI of,�Y .; F, SHIP Funds $161,021.40 31.66% Very Low $183,248.85 $183,248.85 36.03% Low $119,079.18 $119,079.18 23.41% Moderate $18,532.14 $18,532.14 3.64% Totals: $481,881.57 $.00 $.00 $481,881.57 94.75% Project Funding for Expended Funds Only =mcome�t ategory.' Totai-FundsA 4Mortgages,:;,: Loans•leg? L Mortgages Loa`nsa& 9' DP.L,Untt#st Extremely Low $161,021.40 6 $161,021.40 6 Very Low $183,248.85 7 $183,248.85 7 Low $119,079.18 7 $119,079.18 7 Moderate $18,532.14 1 $18,532.14 1 Totals: $481,881.57 21 $.00 0 $481,881.57 21 Form 3 Page 3 34 Form SHIP Anmouo 67-37.008(3)(f), F.A.0 Effective Date: 11/2009 Number of Households/Units Produced Totals: Characteristics/Age (Head of Household) 6 7 7 1 21 ..:, , y., ,, .i.,. vz , ..*dd„gattii.e.34.71:,,M r ,,,,, ,,,.?.''';',..,.: . ',:.= .“' ; 1 1.-i'....V.,P. I,,,:lii - ' ftt; '•:, ii.1::: I '1.1,41.V"` Purchase Assistance Indian River County 1 1 1 Purchase Assistance with Rehab 1 Purchase Assistance vithRehab Indian River County 1 1 1 3 EmergenoyRepair Indian River County 1 1 1 1 3 Emorgeno'Repair Sebastian 1 Fellsmere 1 3 2 Purchase Assistance with lmpact Fee Loan Fellsmere 1 2 3 Purchase nce with Impact Fee Loan Indian River County 2 2 Rehabilitation Indian River County 4 3 4 3 7 Totals: Characteristics/Age (Head of Household) 6 7 7 1 21 ..:, , y., ,, .i.,. vz , ..*dd„gattii.e.34.71:,,M r ,,,,, ,,,.?.''';',..,.: . ',:.= .“' ; 1 1.-i'....V.,P. I,,,:lii - ' ftt; '•:, ii.1::: I '1.1,41.V"` Purchase Assistance Indian River County 1 1 1 Purchase Assistance with Rehab 1 Purchase Assistance with Rehab Indian River County 1 2 Indian River County 3 Emergency Repair Indian River County 3 1 1 1 3 Emergency Repair Sebastian Purchase Assistance with Impact Fee Loan Fellsmere 2 3 2 Purchase Assistance with Impact Fee Loan Fellsmere 1 2 3 Purchase Assistance with Impact Fee Loan 1 Indian River County 2 2 Rehabilitation Indian River County 4 3 7 Totals: Family Size 4 13 4 Page 4 21 Purchase Assistance Indian River County 1 1 Purchase Assistance with Rehab lndian River County 1 2 3 Emongen ' Repair Indian River County 1 2 3 Emergency Repair Sebastian 1 1 2 Purchase Assistance with Impact Fee Loan Fellsmere 3 3 Page 4 21 Purchase Assistance with Impact Fee Indian River County 2 - 2 Loan ' Purchase Assistance Indian River County Rehabilitation Indian River County 6 1 7 Totals: Race (Head of Household) 9 12 21 Form SHIP AR/2009 67-37.008(3)(f), F.A.0 Effective Date. 11/2009 Totals: Special Needs (Any Member of Househo d) 9 7 5 21 ' - Purchase Assistance Indian River County 1 1 Purchase Assistance with Rehab Indian River County 2 1 1 3 Emergency Repair Indian River County 2 1 1 3 Emergency Repair Sebastian 2 2 2 Purchase Assistance with Impact Fee Loan Fellsmere 4 3 1 1 3 Purchase Assistance with Impact Fee Loan / Indian River County - 1 1 1 1 2 Rehabilitation Indian River County 3 4 3 7 7 Totals: Special Needs (Any Member of Househo d) 9 7 5 21 Totals: 5 1 4 12 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside • • • 22 Form 4 Page 5 36 ' - Purchase Assistance lndian River County 0 Purchase Assistance with Rehab Indian River County 1 1 Emergency Repair Indian River County 1 1 Emergendy Repair Sebastian 2 2 Purchase Assistance with Impact Fee Loan Fellsmere 4 1 1 6 Purchase Assistance with Impact Fee Loan Indian River County 1 1 2 Rehabilitation Indian River County 3 7 10 Totals: 5 1 4 12 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside • • • 22 Form 4 Page 5 36 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Status of Incentive Strategies Incentive Strategy: -Adopted 'regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). -Adopted 'regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements (Land Development Regulations, Chapter 911 and section 971.41 (9)). -Adopted regulations allowing for accessory single-family dwelling units in all agricultural and residential zoning districts (Land Development Regulations, Chapter 911 and Section 971.41 (10)). -Adopted regulations allowing multi -family dwelling units in conjunction with commercial development, such as apartments over commercial buildings (Land Development Regulations Section 911.10 and Section 971.41 (6)). -Adopted policies for expedited permit processing (Housing Element policies 1.5 and 1.6). -Adopted a policy for review of proposed local policies or regulations which may increase the cost of housing (Housing Element policy 1.7). -Adopted a policy for inventory of all surplus county owned land (Housing Element policy 2.4). -Adopted 'regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). -Established Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance Program, Local Housing Assistance Plan, Housing Element policies 2.7, 3.5, 4.4, 4.6, 4.7, 4.9, and 9.1) Adopting Ordinance or Resolution Number or identify local policy: Identified as part of the incentive strategies above. Implementation Schedule (Date): All incentives were implemented as scheduled. Has the plan or strategy been implemented? If no, describe the steps that will be taken to implement the plan: Yes. Status of Strategy - (is the strategy functioning as intended, i.e. are the time frames being met, etc.): All strategies are working as intended Support Services Page 6 37 -The county, in conjunction with financial institutions, conducts a homebuyers' educational workshop program for all applicants who request purchase assistance (see attachments regarding homebuyers' education program) -Consumer Credit Counseling provides assistance to applicants through lenders and through the homebuyers' educational workshops -The Indian River County Council on Aging provides various services to elderly and handicapped individuals including housing assistance -The Housing Authority and Economic Opportunity Council provide housing assistance to qualified households - County staff provide one on one assistance to applicants for completing SHIP applications, resolving credit problems, referring applicants to appropriate financial institutions for acquiring first mortgages, and providing other assistance as needed - County SHIP staff, in conjunction with local financial institutions, non-profit organizations, HUD staff, and others, conducts information workshops in the Gifford area, Wabasso area, and Oslo area of the county which have a high percentage of minorities and low income households. Other Accomplishments -By the end of September 2015, the Indian River County LHAProgram had approved 21 loans with FY 2013/14 funding. In administering the program, LHAProgram staff held several public meetings, placed newspaper advertisements, and announcements. Because of these efforts, the LHAProgram is well known to the public, and there are many more eligible applicants than the county can assist with available SHIP funds. Availability for Public Inspection and Comments Annual report provided to the public through Affordable Housing Advisory Committee, Affordable Housing Partnership Group, county planning division, municipalities within the county, and the county website. Homeownership Default & Foreclosure Mortgage Foreclosures A. Very low income households in foreclosure: 0 B Low income households in foreclosure: 1 C. Moderate households in foreclosure: 0 Foreclosed Loans Life -to -date: 41 SHIP Program Foreclosure Percentage Rate Life to Date: 2.55 MortgagelDefaults A. Very low income households in default: 0 B. Low income households in default: 0 C. Moderate households in default: 0 Defaulted Loans Life -to -date: 9 SHIP Program Default Percentage Rate Life to Date: 1.00 Welfare to Work Programs N/A Strategies and Production Costs Strategy ,, ,Y , .: :..1N g.:.-- '�:r�'.t = ? `'Average�Cost .:,. _ate: a; r=.-_ ... -�;Y Purchase Assistance with Rehab $23,785.14 10/5/2015 1.47:24 PM 38 4r" 1!,:,,:•, '1` :':.. ,`:--rr:_� .. l`kV.. �...T t' -.{..r, :._=—moi- '•, -I::- `+:Y: mss.--. : ��:,,Y:i - 'i i`-�L',.„.:1!,:,,:•, .$trate �'~�?.� �, r:;a „r f �:" : � ::. � ; ;x ' .,.�... ost�N � � �' YR qu= y�..= •Avera a°C ,, :-�._., ,� _a. _,-_._-.ids ��r�� •:_, X''��:t:a:;;. r�.:s__�-�.�x:��.��fr�:�9���-�:.:a�=a'?:r a: Purchase Assistance with Rehab $23,785.14 Purchase Assistance without Rehab $20,000.00 Rehabilitation $36,175.25 Emergency Repair $5,278.48 Purchase Assistance with Impact Fee Loan $22,181.40 Expended Funds Total Unit Count: 21 Total Expended Amount: $481,882.00 Form SHIP AR/2009 67-37.008(3)(f), F.A.C. Effective Date: 11/2009 Y"J'"•`"l�.;_,,a�ar=.e- :'Ad-,3,es.�V,{l�:tjY.:l�$�:�:.`.t.%:K-:_•`-C- 'rI�=- , ;r.+,:y:d--..t�{-' .. - Za,xa_rr-..�.- :...- z. ,pen.<edy}-r=Var3:U'- n --.1': 1: ` v,, ;.t."--',}_ • : 1_ ,i_ f: =,_ ,i�;-h�,,.k_ 6_, 7_.,-_ �-F.uYidrk 6.0aZ: - Purchase Assistance without Rehab Judon, Tiara 740 3rd Street SW Vero Beach 32962 $20,000.00 Purchase Assistance with Rehab Diaz, Eladio & Cabrera, Leybys 8416 101st Court Vero Beach 32967 $22,758 68 Purchase Assistance with Rehab Jenkins, Carisa 3620 3rd Place Vero Beach 32962 $18,532.14 Purchase Assistance with Rehab Knapp, Lynn 1130 3rd Avenue Vero Beach 32960 $30,064.61 Emergency Repair i Langford Owens, Kelly 1635 17th Court SW Vero Beach 32962 $5,104.50 Emergency Repair Marshall, Kelly & Carlie Mae 1125 9th Court SW Vero Beach 32962 $6,871.15 Emergency Repair Raffa, Teresa Jackson 1005 Persian Lane Sebastian 32958 $3,609.60 Emergency Repair Stanley, Lisa 760 Albatross Terrace Sebastian 32958 $3,434.25 Emergency Repair Zych, Jeramy 6265 7th Lane Vero Beach 32968 $7,372.90 Purchase , Assistance with Impact Fee Loan Barreiro, Maria 2276 Waterside Lane SW Vero Beach 32962 $22,100.00 Purchase , Assistance with Impact Fee Loan Indian Ramirez, Diego & Elva 10044 Grace Avenue Fellsmere 32948 $20,569.00 Purchase ' Assistance with Impact Fee Loan Paulidor, Lumene 2318 Waterside Lane SW Vero Beach 32962 $22,100.00 Purchase Assistance with Impact Fee Loan Pena, Maria 10046 Grace Avenue Fellsmere 32948 $25,569.00 Purchase Assistance with Impact Fee Loan Sanchez, Juan & Carmen 10053 Grace Avenue Fellsmere 32948 $20,569.00 Rehabilitation Brown, Cyneatha 4225 45th Lane Vero Beach 32967 $12,980.24 Rehabilitation Carter, Elaine 2143 1st Court SE Vero Beach 32962 $47,891.00 Page S 39 Rehabilitation McCoy, Emma 4204 36th Court Vero Beach 32967 $8,000.00 Rehabilitation Moore, Aquila 4670 41st Avenue Vero Beach 32967 $49,989.50 Rehabilitation Pitts, Tammy Lynn 556 21st Avenue Vero Beach 32962 $39,530.50 Administrative Expenditures $25,912.21- Administrative expenses for Indian River County Sub Recipients and Consultants Name" Business-TyPev -Strategy piiiini espo'risbilityAmount,z Program Income e nds ; : g- 4° Program.1ncomFu Loan Repayment: $153,357.99 Refinance: Foreclosure: Sale of Property: - Interest Earned: $764.18 Other 0: Total: Explanation of Recaptured funds $154,122.17 y ,:- e ti �Desc,iption � �;: j fi _ � �.w. • a -'=s._,.: .,,-':? ` iitr: at,..xsil:.= Amount __:-r :, ;�.= .r, `• _7 �s�i`z.:: _._.:3.i_'::, - _ Total: Rental Developments $.00 Indian River County 2013 Closeout Single Family Area Purchase Price The average area purchase price of single family units: Or Not Applicable 258,607.00 10/5/2015 1:47:24 PM 40 Form SHIP AR/2009 67-37.008(3)(f), F.A.0 Effective Date. 11/2009 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants §,` '� >> . - rCode s 1. .. -v _ .(:. ). -.i.;n:�u`si^"::•i' -, , --'�.r,'- _it ; ,� _y, ; z r = •: ;.. ,�„ t.. i- : _ '.r-„ .t;. �' :i ..;r' ;..;�- s Strate gigs :..# °^= i 5'? �, 9 -...- _ ;=* _,.,. �'3- .".t. 0__.;`,.%es.;:— -•.< ' ;,: P.-_ - cam': '�r. : a'�.. 'w" •;Amount.=:.. I., �ft:i F�.,c._ �....�, � _ '' s :.: ..s$"�a'w Units:. �-�.,..,.,..,, �X; �,'.' _ s?=. ._ EncumbereOJi ' s, _ yY _ • ..., g•..„ ''.. r-.• ,•Amount :3. -.,.� _...., t ....r, =k:. Viµ` -.c. rUnits 1 Purchase Assistance with Rehab $30,064.61 1 2 Purchase Assistance without Rehab $.00 0 3 I ehabilitation $142,716.00 3 6 Emergency Repair $3,434.25 1 2 Purchase Assistance with Impact Fee Loan $25,569.00 1 Special Needs Category Breakdown by Strategy trategies: (1) Purchase Assistance with Rehab (3) Rehabilitation Developmental Disabilities Receiving Social Security Disability Insurance (3) Rehabilitation Receiving Social Security Disability Insurance (3) Rehabilitation Receiving Social Security Disability Insurance (6) Emergency Repair Receiving Social Security Disability Insurance (2) Purchase Assistance with Impact Fee Loan Receiving Supplemental Security Income $30,064.61 $47,891.00 1 $44,835.50 1 $49,989.50 1 $3,434.25 1 $25,569.00 1 Page it j' 41 Annual Report Certification for State Housing Initiatives Partnership (SHIP) Program On Behalf of Indian River County (Local Government), I hereby certify that the annual reporting information submitted electronically to Florida Housing Finance Corporation for fiscal year 2013-14 is true and accurate. Name of Staff Member responsible for submitting annual report: Sasan Rohani Witness Signature Date Chief Elected Official or Designee Signature Date Wesley S. Davis, BCC Chairman Witness Printed Name Chief Elected Official or Designee Printed Name Date Witness Signature Date Witness Printed Name OR Signature Date ATTEST (Seal) 420.9075 (10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its affordable housing programs and accomplishments through June 30 immediately preceding submittal of - the report. The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee. APPROVED AS TO FORM APS - ..);:. 5 , F WILLIAM K. OEBRAAL DEPUTY COUPITY ATTORNEY F:\Community Development\SHIP\Annual Reports \2015 2nd AR for FY 13-14\2015 Cerification - SHIP FY 13-14.docx ATTACHMENT 3 October 2012 42 Certification for Regulatory Reform Implementation State Housing Initiatives Partnership (SHIP) Program On Behalf of Indian River County (Local Government), I hereby certify that the following information is true and accurate as of the date of this submission for the following fiscal years: 2013-14: Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and 2. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated tobe$00 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated tobe$00 Witness Signature Date Chief Elected Official or Designee Signature Date Wesley S. Davis, BCC Chairman Witness Printed Name Witness Signature Date Witness Printed Name Or Signature Date Chief Elected Official or Designee Printed Date ATTEST (Seal) 163.3164 (15) of the Florida Statutes: "Development order" means any order granting, denying, or granting with conditions an application for a development permit. 163.3164(16) of the Florida Statutes: "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. October 2012 F:\Community Development\SHIP\Annual Reports\2015 2nd AR for FY 13-14\2015 Certification Regulatory Reform FY 13-14.docx eLLIAf1 rw DEQRAAL DEPUTY COUNTY ATTORNEY iiTTACHMFNT 4 43 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT AGENDA gp TO: THROUGH: FROM: DATE: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP6ommunity Development Director Phil Matson, AICP; MPO Staff Director Brian Freeman, AICP; Senior Transportation Planner p f October 2, 2015 SUBJECT: Request for Extension of Agreement for Transit Advertising Services It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 13, 2015. DESCRIPTION & CONDITIONS Indian River County is the Designated Recipient of state and federal transit funding for the Sebastian -Vero Beach urbanized area. Those funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider, which operates the GoLine(fixed route) and the Community Coach (demand response) transit services. Throughout the United States, transit systems use advertising revenue as a potential additional source of funding. In 2012, the County issued a Request for Proposal (RFP) for management of an advertising program on transit vehicles. In response to its RFP, the County received one proposal; that response came from Eye Level Digital, a local advertising firm. Subsequently, County and SRA staff began negotiations with Eye Level Digital. On October 16, 2012, the Board approved a three-year agreement with Eye Level Digital for administration of the transit advertising program. That agreement contains a provision allowing for an optional three-year extension, at the County's discretion. To finalize that extension, the Board must approve the attached agreement (Attachment 1). ANALYSIS The attached contract is based on the original agreement for transit advertising services. Under the F•\Community Development\Users\MPO\Meetings\BCC\2015\Transit Advertising.docx 1 44 terms of the contract, Eye Level Digital has the right to sell and place advertising on GoLine and Community Coach buses. In return, the County will receive monthly payments from Eye Level Digital. Under the terms of the proposed extension, those payments will be equal to 33 percent of gross advertising revenues or $1,000, whichever is greater. County and SRA staff are both pleased with the performance of the contractor. Over the past three years, the amount of derived revenue has steadily increased and has exceeded expectations. In fact, the County received over $60,000 in advertising revenue during the past year. Under the terms of the amended agreement, it is expected that the amount of revenue received by the County will increase. According to FTA regulations, revenue derived from advertising on FTA -funded buses must be used for public transportation purposes, such as to offset system operating costs. As such, the County's share of the advertising revenue is used to help match federal and state operating grants. Other sel tions of the attached contract identify the role of the County, SRA, and Eye Level Digital throughout the performance of the contract. With respect to the County and SRA, major responsibilities include furnishing the contractor with access to GoLine and Community Coach buses; reviewing the content of all advertising; and notifying the contractor in advance of any route and schedule changes. The Contractor is responsible for the sales, installation, and maintenance of ads as well as providing monthly financial reports. Other contractor responsibilities include furnishing the county with a uniform schedule of minimum rates; utilizing wraps and materials consistent with SRA standards; repairing or replacing any damage caused by the advertising to the bus exterior; and furnishing the County with an annual audited statement of gross sales and payments. RECOMMENDATION Staff recommends that the Board of County Commissioners review the Renewed and Amended Agreement for Transit Advertising Services, make any necessary changes to the agreement, and authorize the Chairman of the Board of County Commissioners to sign the agreement. ATTACHMENTS 1. Renewed and Amended Agreement for Transit Advertising Services between Indian River County and Eye Level Digital APPROVED AGENDA ITEM: FOR: 3, c O15 BY: ,al1 a : � _ v1CLAA F \Community Development\Users\MPO\Meetings\BCC\2015\Transit Advertising.docx 2 45 Indian River Co, App d Date Admin. W • /0 7 lvr Legal relm lo- 7- )5/ Budget lite ®© 5 Dept. MallIEZEI Risk Mer 2 45 RENEWED AND AMENDED AGREEMENT FOR TRANSIT ADVERTISING SERVICES by and between INDIAN RIVER COUNTY and AMERICA NO LINE LLC dba EYE LEVEL DIGITAL THIS RENEWED AND AMENDED AGREEMENT FOR TRANSIT ADVERTISING SERVICES ("Amended Agreement") entered into this day of October. 2015, by and between the Indian River County, hereinafter referred to as the "COUNTY," and America No Line. LLC dba Eye Level Digital, hereinafter referred to as the "CONTRACTOR." WITNESSETH THAT: WHEREAS, COUNTY has publicly submitted a Request for Proposal (RFP), #2012049; for services to manage the sale and placement of advertising on County public transit vehicles; and WHEREAS, CONTRACTOR and COUNTY entered into an Agreement for Transit Advertising Services dated October 16, 2012, and WHEREAS, CONTRACTOR and COUNTY desire to enter into this Amended Agreement to perform such services for an additional three years subject to the terms of this Amended Agreement. NOW, THEREFORE, in accordance with the mutual terms, understandings, conditions, promises, covenants, and payment hereinafter set forth, and intending to be legally hound. the parties hereto agree as follows: Article 1'. Purpose 1.1 The purpose of this Amended Agreement is for CONTRACTOR to administer and carry out the day-to-day functions associated with interior and exterior advertising on COUNTY transit vehicles. During the course of this Amended Agreement, the buses that have inside TV monitors will be phased out and replaced with buses that have room for slide in placard type advertisements. This Amended Agreement shall cover the TV monitors as they are phased out and the new slide in placards. Article 2 Scope of Work 2.1 O, the terms and conditions set forth in this Agreement, COUNTY hereby engg2c:. CONTRACTOR to procure, sell, install, and maintain advertising on transit vehicles for COUNTY in accordance with and for the compensation specified in Exhibit A. Scope of Work/Services, Exhibit B, Proposed Payment Schedule, and Exhibit C, Advertising Standards, all of which are attached hereto and incorporated herein. F•\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean final 2015 docx 46 Article 3. Additional Contractor Responsibilities 3.1 A PROJECT MANAGER shall be appointed by the CONTRACTOR to coordinate the program with COUNTY. The name, address, and contact information for the PROJI_C"I MANAGER is: Paul Tripaldi, Eyelevel Digital Inc, P.O. Box 643896; Vero Beach; FL, 32964; Phone (772)473-8278; email info@EyeLevelDigital corn. 3.2 CONTRACTOR shall be responsible for keeping exterior advertisements in good condition from normal wear and tear. 3.3 Iri all cases, CONTRACTOR shall notify the PROJECT MANAGER at least live (5) days in advance whenever CONTRACTOR requires access to a transit vehicle for the iiistallation and/or removal of advertising media. 3.4 COUNTY reserves the right to remove a vehicle from its normal, regularly scheduled service for any reason, including but not limited to age, useful life; safety concerns, or accidents. In the case that a vehicle with advertising is removed from service, the installation of replacement advertising on a different vehicle shall be at the expense of CONTRACTOR with the COUNTY paying for the cost of the advertising materials (\%inyl). 3.5 CONTRACTOR shall furnish a monthly report of gross billings to COUNTY along with payment.. If payments were received by CONTRACTOR from a single client for other advertising media (such as radio, television, billboards, internet, etc) as part of a campaign or sales package, then CONTRACTOR will clearly identify only those revenues that t,werr obtained for transit advertising 3.6 This Amended Agreement authorizes CONTRACTOR to procure advertising solely on the exterior of COUNTY vehicles, and digital media inside the vehicles until phased out; slide inlplacards on the interior of the bus and two locations on route maps (approximately September 2016 when the new transit hub opens) and not on any bus facilities; on publications, within vehicles as panel displays, or in any other format, unless approved by PROJECT MANAGER. Article 4 Additional County Responsibilities 4.1 A' PROJECT MANAGER shall be appointed to coordinate the program milt CONTRACTOR. The PROJECT MANAGER may be an employee of COUNTY or its designated transit provider, the Senior Resource Association (SRA); and may be changed at" any time in writing by the COUNTY. Such change shall be given in writing_ to Contractor within seven (7) days of Project Manager change. The name, address, and contact information for the PROJECT MANAGER is: Karen Deigl, Senior Resource Association, 4385 43rd Avenue, Vero. Beach, FL, 32967; Phone (772)569-0903. Email kdeigl@sramail.org. F\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean final 2015 docx 47 4.2 Nothing shall preclude COUNTY from adding, modifying, or deleting any transit route Additions, modifications, or deletions of transit routes will not impact COUNTY's responsibilities with respect to this contract. The COUNTY reserves the right to exclude placing advertising on any individual buses or routes for any reason 4.3 COUNTY shall make a good faith effort to deploy specific vehicles on particular routes when requested. COUNTY reserves the right to replace vehicles on routes as it deems necessary. Article 5. Special Terms and Conditions 5.1 Termination. This Agreement may be terminated for convenience by mutual agreement of both parties. This Agreement may also be terminated by COUNTY for cause, default, or negligence on the part of CONTRACTOR. In the event of termination by COUNT Y for cause, CONTRACTOR shall provide payment in accordance with Exhibits A and B attached to this agreement, which shall be the pro rata monthly minimum payment. plus the percentage of gross revenues, upon termination of this Agreement 5.2 Subletting of Contract. This Agreement shall not be sublet except with the written consent of COUNTY. No such consent shall be construed as making COUNTY a party to the subcontract or subjecting COUNTY to liability of any kind to any subcontractor No subcontract shall under any circumstances relieve CONTRACTOR of liability and obligations under this Agreement. 5.3 Insurance. 1. CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this paragraph and such insurance has been approved by COUNTY's representative. CONTRACTOR shall maintain during the term of this Agreement the following insurance: A. Business Automobile Liability Insurance covering all owned, non -o''. ned and hired vehicles with minimum limits of liability of $1,000.000 per occurrence Combined Single Limit for bodily injury and property damage B. Commercial General Liability Insurance for premises/operations, products/completed operations, contractual liability, and independent contractors with minimum limits of liability of $1,000.000 per occurrence Combined Single Limit for bodily injury and property damage C. Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as presently written or hereinafter amended The polio must include Employers Liability with a limit of $100.000 for each accident. 3 F Attorney\ i ill\Senior Resource Association (SRA)\Transit Advertising Contract clean final 2015 dut. x 48 3. 4. $500,000 for disease (policy limit), and $100,000 for disease (employee limit). All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. All such insurers must have an A M Best rating of no less than A -VII. CONTRACTOR shall furnish certificates of insurance to COUNTY prior to the commencement of operations, which certificates shall clearly indicate that CONTRACTOR has obtained insurance in the type, amount, and class]ficauon as required for strict compliance with this section and that no material change or cancellation of this insurance shall be effective without thirt\ (30) da\ s prior written notice to COUNTY. 5'. Compliance with the foregoing requirements shall not relieve CONTRACTOR of its liability and obligations under this section or under any other portion of this Agreement. 5.4 Indemnity. In consideration of the sum of Fifteen and 00/100 Dollars ($15 00), the receipt and sufficiency of which is acknowledged by CONTRACTOR to be included and paid for in the contract price, CONTRACTOR shall indemnify, defend, and hold- harmless COUNTY and its agents and employees from and against all liabilities, claims, damages losses, and expenses, including attorney's fees, arising out of or resulting from the performance of the work, provided that any such liability, claim, damage, loss, or expense a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulttni4 therefrom; and b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in whole or in part by COUNTY. In any and all claims against COUNTY or any of its agents or employees, by any employ ec of CONTRACTOR, any subcontractor, anyone directly or indirectly employed b) any of diem or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any subcontractor under Workers' Compensation Acts, disability benefit acts, or other employee benefit acts 5.5 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that CONTRACTOR or employees or contractors of CONTRACTOR are in no wa\ to be considered employees of COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 5.6 Acceptance of Goods and Services. Any goods and/or service(s) rendered under this Agreement may be tested/inspected for compliance with specifications In the event that any aspect of the goods or services provided is found to he defective or does not conform 4 F \Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean final 2015 docx 49 to the specifications, COUNTY reserves the right to require corrective action as appropriate which may include, but is not limited to, ordering re -performance of service or the termination of the Agreement for default. 5.7 Public Records. All electronic files, audio and/or video recordings, and all papers pertaining to any activity performed by the provider for or on behalf of COUNTY shall be the property of COUNTY and will be turned over to COUNTY upon request In accordance with Florida "Public Records" law, Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of COUNTY are public records available for inspection by any person even if the file or paper resides in CONTRACTOR office or facility. CONTRACTOR shall maintain the files and papers for not less than three (3) complete calendar years after the project has been completed or terminated. or in accordance with federal requirements, whichever is longer. Prior to the closeout of the Agreement, CONTRACTOR shall appoint a records custodian to handle any records request and provide the custodian's name and telephone number(s) to the user COUN fl' department. 5.8 Right to Audit. COUNTY reserves the right to require CONTRACTOR to submit to an audit by any auditor of COUNTY's choosing. CONTRACTOR shall prop ide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. CONTRACTOR shall retain all records pertaining to this Agreement and upon request make them available to COUNTY for three (3) years following expiration of the Agreement. CONTRACTOR agrees to provide such assistance as may be necessary to facilitate the review or audit by COUNTY to ensure compliance with applicable accounting and financial standards. 5.9 Codes and Regulations. All work completed under this Agreement shall conform to all applicable federal, state, and local statues, codes, regulations, and ordinances 5.10 Venue. The laws of the State of Florida shall govern this agreement. Venue for anv lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 5.11 Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not be awarded orpertornt work as a contractor, supplier, subcontractor under a contract with any public entity m excess of the threshold amount provided in Florida Statutes, section 287.07 for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list Article 6. Duration of Agreement 6.1. This Amended Agreement shall remain in full force and effect for a period of three (3) years after its date of execution. Article 7. Entire Agreement F\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean final 2015 docx 7.1 This Agreement and its Attachments hereto embody the whole agreement of the parties. and there are no provisions, terms, conditions, or obligations other than those contained herein. This agreement shall supersede all previous communications, representations, or oral agreements between the parties, and no amendment hereto shall be effectRe unless reduced to writing and signed by the parties hereto. Article 8. Prohibited Interests 8.1 No member, officer, or employee of COUNTY during his/her tenure or for two \.ears thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. This requirement also applies to any subcontract entered into by CONTRACTOR concerning this project. Article 9. Miscellaneous Provisions 9.1. The terms of this Agreement may be modified upon the mutual agreement of CONTRACTOR and COUNTY as confirmed in writing. 9.2. It is mutually agreed between COUNTY and CONTRACTOR that this Agreement, including all attachments to it, constitutes an agreement, made in Florida, and that it shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.3. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either- party; at law or in equity. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs 9.4. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 6 F\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean final 2015 docx 51 9.4. If any term or provision of this Agreement or the application thereof to any person or • circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected. and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. IN WITNESS OF THE FOREGOING, the parties have read this Agreement and attachments to it and have affixed their signatures, effective on the date first appearing above. ATTEST: BY: ATTEST: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: Wesley S. Davis, Chairman AMERICA NO LINE LLC dba: EYE LEVEL DIGITAL, INC BY: i l A�'L I�r: p ri \ BY: NAME: 'aul Tripaldi Approved as to Form and Legal Sufficiency William K. DeBraal Deputy County Attorney ITS: (title) 6C4l..�e(" F:\Attomey1Bi111Senior Resource Association (SRA)1Transit Advertising Contract draft 2015.docx Scanned by CamScanner !a 7 52 Exhibit A STATEMENT OF WORK & SCOPE OF SERVICES PURPOSE Indian River County (COUNTY) is soliciting proposals from experienced advertising and media contractors for exclusive rights to place advertising on the exterior and interior of GoLine and Community Coach public transportation vehicles. In return, the successful firm (CONTRACTOR) will submit monthly payments to Indian River County. The administration of the program will be the responsibility of COUNTY's transit provider, the Senior Resource Association (SRA), which will appoint a PROJECT MANAGER to coordinate the program with CONTRACTOR. OVERVIEW Indian River County's public transportation system is comprised of a fixed route system (GoLine) and a paratransit service (Community Coach). Both GoLine and Community Coach are operated by a contracted transit service provider, the Senior Resource Association. Currently, the GoLine consists of 16 fixed routes. Fixed route service is provided throughout Indian River County as well as parts of St. Lucie County. The current routes and operating schedules of the GoLine are attached to this document. Community Coach is a paratransit service providing door-to-door transportation for medical, shopping, and social activities. During weekdays, 10-11 Community Coach vans are in operation throughout Indian River County. The combined GoLine/Community Coach fleet, including spares, consists of 47 vehicles. Most of these vehicles were purchased through grants to COUNTY by the Federal Transit Administration (FTA). LENGTH OF CONTRACT The Amended Agreement will be for a period of three (3) years. PROJECT REQUIREMENTS As noted above, the project involves providing advertising services for the Indian River County transit system. Although this is not a contract to procure services using FTA funds, COUNTY, as an FTA recipient, is required to follow FTA regulations regarding all procurement and contracting. Consequently, certain federal requirements (such as equal employment opportunity provisions) will apply to the contract for this project. 8 F:\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean 2015.docx 53 SCOPE OF SERVICES 1. TRANSIT ADVERTISING SERVICES 1.01 CONTRACTOR shall furnish all necessary sales, installation and maintenance personnel, and an account representative, authorized to act hereunder on behalf of CONTRACTOR. The responsibilities of CONTRACTOR shall include: Aggressive sales of advertising display space in and on GoLine and Community Coach buses and publications (including on -board video and slide in placard advertisements). Billing for and collection of sold advertising space including initial contracts and renewals of contracts. Preparation and submittal of related financial and operating reports. Placement and maintenance of advertising materials, including preparing of advertising materials for installation, scheduling of work and removing expired materials, to be performed at CONTRACTOR's sole expense. 1.02 All advertising materials, advertisements and manner of presentation shall be subject to prior approval by the PROJECT MANAGER. CONTRACTOR shall not place advertising which is libelous, slanderous, obscene, salacious, or unlawful. Advertising, advertisements, or a manner of presentation which negatively impacts the transit system is not permitted. Advertising for tobacco, liquor of any type, political messages, or any other inappropriate advertising is prohibited. 1.03 All permissible exterior formats are as shown in Attachment #1, Bus Diagrams. Permissible interior advertising shall be on digital monitors while available, switching to slide in placards and two advertising spaces on route maps. ,1.03(a) It is understood that not all newer buses will include slide in placard advertising spaces. If any bus is not equipped with pre-installed slide in placard spaces, no inside advertising may be placed in that bus without prior COUNTY approval. The location of slide in placard advertising shall be in compliance with Attachment #2. 1.04 COUNTY's Advertising Standards attached as Exhibit C shall be incorporated into this Amended Agreement and shall be made a part hereof. CONTRACTOR shall solely be responsible for the implementation and enforcement of said advertising standards. CONTRACTOR shall not modify or amend the advertising standards without first obtaining the prior written consent of the PROJECT MANAGER. This may require an Amendment to the Amended Agreement prior to implementation. 1.05 At his/her sole discretion, the PROJECT MANAGER may disapprove at any time any items found to be in violation of the standards stated in Section 1.04 above. As soon as practicable, but in no instance more than seven (7) days after receipt of notice, CONTRACTOR, at its sole cost and expense, shall remove from COUNTY property any item which is not approved. Any items previously approved, which may subsequently be 9 F:\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean 2015 docx 54 considered objectionable by the SRA or COUNTY, shall likewise be removed after notice to CONTRACTOR by the PROJECT MANAGER. If the disapproved material is not removed within the time prescribed, COUNTY may cause said material to be removed and CONTRACTOR shall pay all costs and expenses incurred to have said material removed. COUNTY shall not be liable for any damages in connection therewith. Refusal by CONTRACTOR to remove said material shall be considered a default of this' Contract. The Amended Agreement shall then be considered as terminated by the corrective action on the part of COUNTY including reimbursement of all costs and expenses to COUNTY. If, after prior PROJECT MANAGER approval, the ad content is subsequently deemed to be unacceptable, CONTRACTOR shall have the capability to recoup its costs for production and installation of the disapproved material. CONTRACTOR shall have the right to deduct these amounts from its monthly payment to COUNTY. 1.06 All dated messages or messages featuring a special event shall be removed within seven (7) days of the date shown on the advertisement or date of the event. 1.07 CONTRACTOR shall at all times comply with any policy, program, rule, ordinance or resolution adopted or enacted by COUNTY, and as may be amended from time to time, relating to COUNTY's policy on advertising/speech on the bus fleet. In the event that COUNTY shall determine that no Public Service Announcements may be made and/or that only commercial speech shall be permitted, CONTRACTOR shall adhere to and enforce COUNTY's policy and shall take all steps necessary to remove any non -conforming advertisements, statements, exhibits, etc. 1.08 CONTRACTOR shall not solicit or engage in any form of advertising on bus stop signs, bus shelters, benches, trash receptacles, or any other fixed bus stop amenities, unless authorized by the PROJECT MANAGER. 2. COMPENSATION TO COUNTY 2.01 On a monthly basis, CONTRACTOR shall pay as compensation to COUNTY, without set off; deduction, diminution, reduction, abatement or counterclaim, except as expressly provided herein, the following: 2.01.1 The specified minimum monthly payment as specified in Exhibit B; plus 12.01.2 The percent of CONTRACTOR's gross advertising revenues as defined below ,and as specified in Exhibit B attached. 2.02 The gross advertising revenues referred to above shall be the gross revenues derived by CONTRACTOR, or any subsidiary, affiliate, agent, assignee, contractor, licensee, transferee or lessee of CONTRACTOR from the display of advertising material on or in the buses, herein authorized. The gross revenues shall be calculated on the basis of total amounts contracted for by the advertisers for the display of advertising materials, whether paid directly to CONTRACTOR, to a subsidiary or affiliate of CONTRACTOR, or to a third party. Agency fees or any other fees, whether actually paid by CONTRACTOR or whether 10 F:\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean 2015.docx 55 deducted from the amount of revenue received by CONTRACTOR shall not be deducted from gross advertising revenues. The gross revenues shall include any amount, the equivalent of which CONTRACTOR, a subsidiary or affiliate of CONTRACTOR, or a third party may have received from the advertiser in the form of materials, services, or other benefits, tangible or intangible. All agreements made by CONTRACTOR in connection with the display of advertising material on or in said buses shall provide that the U.S. Department of Transportation, the Comptroller General, COUNTY, or SRA shall have access to the books of account and records of all parties to such agreements for the purpose of ascertaining the correctness of gross advertising revenues. 2.03 CONTRACTOR agrees to use its best efforts to obtain the fair market value for the display of all advertising material. 2.04 CONTRACTOR agrees to include in all its contracts for the display of advertising material a standard provision requiring that should CONTRACTOR be held in default under this agreement, CONTRACTOR shall assign and transfer to the successor contractor all applicable contracts for advertising on GoLine/Community Coach items (i.e., buses- (internal and external)), and such contracts shall thereupon become the property of the successor contractor. 2.05 Compensation shall be sent to COUNTY monthly within fifteen (15) days after the end of the month except in the case of the last payment when compensation shall be paid within thirty (30) days after the termination, cancellation or expiration of this Amended Agreement Oentr-act. Each payment shall be based on the gross receipts for the month immediately preceding the date of payment, which will include the percentage of gross advertising revenue plus the minimum payment as identified in 2.01. 2.06 Payments of compensation made by CONTRACTOR to COUNTY pursuant to the provisions of this Amended Agreement shall not be considered in any manner to be in the nature of a tax, but shall be in addition to all taxes of whatsoever kind or description which are now or which may thereafter be required to be paid by any ordinance or local law of Indian River County or any Municipality or City within COUNTY, or any law of the State of Florida or any law of the Federal Government of the United States. Payment of compensation shall be in addition to any permit fees required by law. 2.07 In the event CONTRACTOR fails to pay any of the monies required to be paid under this Amended Agreement within thirty (30) days after same shall become due, interest at the rate of 1.5% per month, or eighteen percent (18%) per annum, shall accrue against the delinquent payments) from due date until same are paid. Implementation of this provision shall not preclude COUNTY from terminating this Amended Agreement for default for nonpayment, or from enforcing any other provisions contained herein. 2.08 In; the event a bus with non -removable exterior advertising is out -of -service for a period of ten (10) continuous operating days or longer, CONTRACTOR will be notified in writing before the 12th day and the monthly fee shall be reduced proportional to the number of service days in which the bus was not operational. In the event a reduction is due in the last month of the contract, COUNTY will issue a refund. 3. REPORTING REQUIREMENTS 11 F:\Attomey\Bi11\Senior Resource Association (SRA)\Transit Advertising Contract clean 2015.docx 56 3.01 CONTRACTOR shall submit to the PROJECT MANAGER for approval a proposed record and reporting system to substantiate billing, sales, contracts, renewals, commissions and payments. 3.02 On or before the .fifteenth (15) day following the end of each calendar month throughout the term of this Amended Agreement or any extension thereof, CONTRACTOR shall furnish to the PROJECT MANAGER a report of gross billings; contracts, renewals, display type; total space availability; total space sold; advertisement expiration date(s); and total space used for public service advertisement. 3.03 CONTRACTOR shall, within ninety (90) days of each anniversary date of this Amended Agreement, submit to the PROJECT MANAGER a report prepared and signed by an independent Certified Public Accountant, as to CONTRACTOR's operations under this Amended Agreement. Said report shall be prepared in conformance with the American Institute of Certified Public Accountants' requirements for special reports. The first such report shall contain twelve (12) full calendar months of operation and any fraction of the first month. The last such report shall include the last day of operation. 4. RATES 4.01 CONTRACTOR shall establish rates and charges of the rental of advertising space in/on buses.. All rates and charges shall be subject to review and approval by the PROJECT MANAGER. 4.02 COUNTY recognizes that the sale of advertising display space is frequently subject to negotiation. Therefore, CONTRACTOR may enter, with the PROJECT MANAGER's prior approval, into advertising contracts and renewals which deviate from the approved sales rate, provided that the deviation is within normal and customary practices of the advertising industry. 5. 'BUS ADVERTISING MEDIA 5.01 Exterior media shall be a 3M or equivalent approved vinyl, or other suitable material, as approved by the PROJECT MANAGER, that is either removable or changeable on fleet vehicles. Any change of vinyl product shall be approved by the PROJECT MANAGER. 5.02 Interior media shall be digital monitors, while available and slide in placards. 6. MAINTENANCE BY CONTRACTOR 6.01 CONTRACTOR shall not deface or damage any COUNTY property or deposit or scatter any rubbish, waste or litter caused by any of its representatives or employees during the performance of this Amended Agreement. 6.02 CONTRACTOR will maintain all advertising devices and keep them in good repair and free of graffiti at all times. 12 F•\Attomey\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean 2015.docx 57 6.03 CONTRACTOR shall reimburse COUNTY for the cost of repairs for any damage to the bus or any other property which is caused by CONTRACTOR, its employees, and agents during the installation or removal of any advertising media. The cost of the repairs shall included all material and labor. Labor cost shall be at the current rate plus fringe benefits. 6.04 All application and maintenance of advertising media shall be performed on COUNTY's premises, unless authorized by the PROJECT MANAGER. COUNTY shall make available to CONTRACTOR suitable space for the application and maintenance of advertising. 7. MANAGEMENT OF PRE-EXISTING ADVERTISING CONTENT CONTRACTS 7.01 Upon termination of this Amended Agreement, CONTRACTOR agrees to assign to its successor advertising contractor all active advertising content contracts on COUNTY's buses and such content contracts shall thereupon become property of the successor advertising contractor. 13 F•\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean 2015 docx 58 31' Bus Details (Quantity - 13) Attachment__ m< w xv1371 4 wrn#'" Indian Aiver;`Pvbf c Transl� Lin _ Driver Side (Typical Size) — 257" x 76" maximum advertising area (includes 5 windows) 1' ...:4V7( X7778 rer ti3Z Tansitz' .' .rl' ''s "'^fi a1i w` iikiltld3.i' aTij garAgjgKaalitleiL Rear (Typical Size) — 80" x 64" maximum advertising area (includes window) r.� Passenger Side (Typical Size) — 246" x 76" maximum advertising area (includes 7 windows) Inside Bus — 22" monitor Ads shown every 10 minutes for 10 seconds 25' Bus Details (Quantity --3) Attachment 1 •..a.VZ553• crosin_ zarr;r„n761bar -+.wixa gza-.ee getting ou :there! www:GoLin91RISS p • r 13y..JC7G�I;C�. i e{d+.,�a� fieit.:'.�,j3-etd�itV '�',�ii f.�. 1���:t F r y ii; f''('W k:i �1' Fi iQL ii3`i? �' itEi ii >J�'fjhi• :c}"r�G 4411. •moi i. Driver Side (Typical Size) — 194" x 63" maximum advertising area (includes 6 windows) Rear (Typical Size) — 65" x 69" maximum advertising area (includes window) Inside Bus — 17" monitor Ads shown every 10 minutes for 10 seconds Passenger Side (Typical Size) — 187" x 63" maximum advertising area (includes 6 windows) Community Coach 16' vans (Quantity - 26) & 14' vans (Quantity - 5) Attachment e0 o a Senior Resource Association Vo Driver Side (Typical Size) — 147" x 62" maximum advertising area (includes 4 windows) Rear (Typical Size) — 63" x 62" maximum advertising area (includes 2 windows) Ads shown every 10 minutes for 10 seconds Passenger Side (Tvpical Size) — 112" x 62" maximum advertising area (includes 3 windows) �+� S ^S lrk. (,,�{q .(-»+4{/' Y.�1 7i 7}i}[F yy�� 'i. "F�,a y.. . 4 4.1 4. iit , t <. q, . �ry 1 0? rl 1 n ' t}} .. 1p µ...,,tt ' w. i'rtit '4tliir y ? th,,k 041; ,_] Xr4 It 4i9 ill,y41 4� t� ��y„�•(!y L ,fir N 1i ({ +yC ..,,r rf } }� '1, 4. j,�.i..''f ,�Y''t..4.; +, ..:'tY P1SX r: 'CCetir .1 K.SI ' 1�a'a {'i 1l�:i4 jtC rgr 16fP.1,i%}j�.�3e: 9;blf`!' Rear (Typical Size) — 63" x 62" maximum advertising area (includes 2 windows) Ads shown every 10 minutes for 10 seconds Passenger Side (Tvpical Size) — 112" x 62" maximum advertising area (includes 3 windows) ' Attachment cZ Interior Advertising for Buses Manufactured by Gillig 19 Attachment Interior Advertising for 16 foot Buses 072:17- rlirp 7.7 ,;,..:,,X*111711116*.t1/4' ,<‘ • _ titz ' 'Wei& Alt 1141, Var" PiafeOffsitik4".1r • 41..V-11.,11,14,124144,412111,1114itriA4ErtinAl C\ 1; ��F��� Attachment 2 ,eiRG£Rc� Evt Interior Advertising for 16 foot Buses • Ar 5 0:4400421Wita eO f '4 4 , . S• —4 Afi % ,145.8"q1 f ' r 1^-.1'5•Nfr' ..m5e-ii5141 4551151tAC*C1,51155w Interior Advertising for Buses Manufactured by International : _W �XCa. WY: ' kNMi �...F:Qw�aY.7wt�M1.n�.�..la..r - ..1 f 4.1.4.1....._'• ,Jt :wca.rw 1. c�1•.•{:' _.. _ ++xLiK^i'f'S� �.lii. •� J`^ .h+'R.F .. y� I,�jf fpI � 1��;�I'; yy fir•. i�� /; ��y. ��..lfy �, Attachment 1 Interior Advertising for Buses Manufactured by International 00 • '• : ",••••'.;' •• Interior Advertising for Buses Manufactured by International Attachment Interior Advertising for Buses Manufactured by International '1 i';t41 r , ro T; 1... ;'•Nrr.: ' r ,, 1 , • V.... 5 •""-4,'-'-'7,..,,..,:fr,,.. • \14'' • '1'.$1,-4(41$14. .!1)%, • A , no, ..t, ...,..,,.. , ...4..„.xp.. _Ai; , ,;,,,,,iiiiv.tiv.r„..., 4 .•. „I. -kr4.04.i. AvicAN4,‘ 4--',' - 'we474,.,,,--"*.-...".''''".•,--!;" '', Is - , . t, A. • '''. ';`.. , , `1' •••'-**44,W4 11. 4i. • . •"1.•11.2 Si 1,1•11,...•••• 1-4,, .... 1.11.1.., 1111..1.11.11.11, /1-,...........•... ....v... -: ..,.. ,:k....,...44.11, a 1 -WI 1. - •• I ..1.1,-.3 1......-11.1...111.41.....s.111,........1...,,,, ....,,,,,,,,,, ,..-..., ,,,... ,,,,,,,, ,, , .. ,. -, . ''''''' S°4:;...374tM4IPTit'!.;-?*'.l..1?4%,,,,tr,T4T;,14;ITt ,. taz, Jr., .i...ks-i-itz. .4.1-44Lgtiz-7,,,...,' 4i,,Er.4.ntri.1,4--. ..,._,Qi -r -7.,a...- :4'"7.c.":,...;''344.,,.• -..,tg'*--1:. 41.-.T.,2,1,:::,),...4..T, 4 ,e,Ei._ '• It: ,..,; •Ag, % 44 t.‘ ,,..• ,yt,':, ,..., ' /c.,„„ - t -474t. ' , .......m.,....-„..-...., ..44 VEspetessumn.qPlarn , -M., ,i-4,,,..1.1* V4• k4tAif,,...' '.11'‘3.7,q441;”? ::Tat4-taL.417:wii,,I-g,"y,"-,c, — toc.,,,,....— ,.,,e ..: ,,, 1 ---...A, • yeat • 4- Attachment 2 Interior Advertising for Buses Manufactured by International -,t1 1•011, ' • " 957;71:M2F,77", 3;er,;`,7 • — . ettiZlit • r 4110:P.S11.14 Pm ,I1 uut 13 ka.,1* • ."'••• „;"itir „,:Aqst" ••„. • • • rlf.V•„:p vari4.-;,• 14•„,.....c,":: ••••• • J., k ••••'•J! Interior Advertising for Busses Manufactured by Glavals 4 { ia..yn'�hs>k:+;.. ,�4 �� xiesz io '1CM'4�A'4'• "1^Sh^ 1PVIi Rani' SY' kri�'.`.�ui•Mn1D'�.MtK• )+r.*.r. �)x 1.241:*:*"'O .�ru ;yG• 7}nF ''4�^.kr.° � -"i+k�; 1£K� : "�"".�yy� •: � 1 c .='�Y'-^ .i.'". c.--•r.�.:, +:Y".;"�:y--:."'�..�.. ,e ac. 1 HCl iNi, yr wh a ¢ �TPW+l.�M1r.�'hNJ�Flelr+�dJ.�'sik+f t4q'L!M".'�,i'w•z`A4Y.11�l. .m...r.towitunao,,g Alm:: • 1M'iMingiveRrq,.?1•01FNIAR Interior Advertising for Busses Manufactured by-Glavals , 2.50.:atikpr,0{4:4..• ,o4 ; • .Proi. 4,14, Tee tAbtk Jesitig4zipitarSO"WcAl • ....a.sAppatom.;44...owa.,,,,,z,7,:,,,e..4.9,, ...,4 .,,!. ..k,„,,, e „,.. . Ow • ' ' 4,,—.141.W. e.: .4,4? iP-j , 4 04 ....:... Lo,'.:., t! ',4 ,,, r.,4; ,...1. „ k VA T ..A. '5,AttiiA: l'.. r 11 it?4, ;fi:Pil,e1 A ,' 4, ,-41. r - Attachment Interior Advertising for Busses Manufactured by Glavals L uu • r Attachment 2. Interior Advertising for Busses Manufactured by Glavals , I 4 Nt.,,. ..'""'n7L5SpcIND7rri„, . 4...‘ i • ' • -4* . .t,. *.k1 tf.: ' 4 , It -- Interior Advertising for Busses Manufactured by Glavals u • • 1; " 4 4W'IN "ir • •;‘,40 '*•Atti.19•4-' . tn•X=47;1"'W'r'"*""."4206"3"21.:Voltrt:•0 1+4 ..' . .. , • r iG.,...141.42/240',"."1. a ..!? 7 P "4.s! ct , 11-4'....0.161P015 4 I 1011.4•ri _ , 0 ... , ei.p. ,.. .,: •• • Attachment „yri R1j+A ..� Interior Advertising for Busses Manufactured by Glavals • 1 A ,; 6 -+a:tia-}ilfYSl.:. ��lh,PJIG1 Mint„, {yam'10,et •R�+ 1 .r•• 1 n." .7 Exhibit B Eye Level Digital Payment Schedule Month Minimum Monthly Payment Percent Gross Revenue 1-36 $1,000 OR 33% whichever is greater 14 F:\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean 2015.docx 78 Exhibit C ADVERTISING STANDARDS This advertising program for public transit vehicles is created and administered by Indian River County, Florida. The advertising program is intended to be a nonpublic forum and is not intended to be used for public discourse. The purpose of the program is to raise revenue for public transportation in Indian River County. Commercial advertising is permitted on designated areas of transit vehicles in accordance with the commercial advertising standards, rules, and policies. The display of material pursuant to this advertising program does not necessarily state or reflect the opinion, viewpoint, or position of Indian River County, its Board of County Commissioners, or its employees, and shall not be construed as an implicit or explicit endorsement of any opinion, viewpoint, position, service, product, or good. 1. All advertising must be reviewed and approved by COUNTY prior to placement in the transit system, and any advertising placed without prior County approval is subject to immediate removal. 2. The following kinds of advertisements are prohibited: a. Advertising associated with cigars, cigarettes, pipe tobacco, chewing tobacco, and other tobacco products. b. Advertising associated with alcoholic beverages, including but not limited to beer, wine, and distilled spirits. c. Advertising associated with products or services related to human reproduction or sexuality, including but not limited to contraceptive products or services, other products or services related to sexual hygiene and counseling with regard to pregnancy, abortion, or other sexual matters. d. Advertising associated with products, services, or entertainment directed to sexual stimulation. 3. The following categories of advertisements are prohibited: a. Demeaning or disparaging. Advertisement containing material that demeans or disparages an individual or group of individuals on the basis of race, color, religion, national origin, ancestry, gender, age, disability, ethnicity, or sexual orientation. b. Profanity. Advertisement containing profane language. c. Firearms. Advertisement containing an image or depiction of firearms. d. Violence. Advertisement containing an image or description of graphic violence or the depiction of weapons or other implements or devices associated with an act or acts of violence or harm to a person or animal e. Unlawful goods or services. Advertisement or any material contained in it, which promotes or encourages, or appears to promote or encourage, unlawful or illegal goods or services. f. Unlawful conduct. Advertisement or any material contained in it, which promotes or encourages, or appears to promote or encourage, unlawful or illegal behavior or activities. 15 F:\Attomey\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean 2015.docx 79 g. Nudity. Advertisement or any material contained in it, which has an image or depiction of nudity, or the appearance of nudity. h. Endorsement. Advertisement or any material contained in it, which implies or declares an endorsement by COUNTY or the Board of County Commissioners. i. Political. Advertisement which includes but is not limited to advertisements identifying and urging support for or in opposition to a particular issue, party, or candidate for public office. j. "Adult"-oriented goods or services. Advertisement which promotes or encourages, or appears to promote or encourage, adult book stores, nude dance clubs and other adult entertainment establishments, adult telephone services, adult Internet sites, and escort services. k. Potential Danger. Advertisement which displays the word "stop", "drive", "danger" or any other word, phrase, symbol, lighting, or any device or any components thereof, or character likely to interfere with or mislead pedestrian or vehicular traffic. 16 F:\Attorney\Bill\Senior Resource Association (SRA)\Transit Advertising Contract clean 2015.docx 80 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET CONSENT AGENDA �F TO: DATE: SUBJECT: FROM: Members of the Board of County Commissioners October 5, 2015 INTERFUND BORR • 1, G — FISCAL YEAR 2014/2015 Jason E. Brown Director, Management At the end of the fiscal year, it occ..: onally becomes necessary to cover cash deficits in individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in a few funds as shown below: Due from Fund Due to Fund Fiscal Year 2013/14 Fiscal Year 2014/15 (Est.) CDBG/ Neighborhood Stabilization Plan 3 (NSP) - 130 General Fund - 001 $3,500 $3,500 Metropolitan Planning Organization (MPO) - 124 General Fund - 001 $267,000 $299,000 Federal/State Grants Fund - 136 General Fund — 001 $4,000 $40,000 Fleet Management Fund - 501 General Fund - 001 $7,000 , $0 Sandridge Golf Course - 418 General Fund - 001 $761,959 $630,000 In most cases, the interfund borrowing is necessitated due to the fact that the County is, awaiting reimbursement from the State or Federal government for various grant eligible expenditures. This was the case for the NSP Funds where grant expenditures had occurred and reimbursement revenues had not been received yet. Likewise, the MPO and Federal and State Grants funds are awaiting grant reimbursement for expenditures that were incurred previously. Fleet Management has improved finances to the point that even with a one-month lag in billing, there is riot a need for interfund borrowing for this Fund in 2014/15. Over the last few years, the previous cash deficit had been reduced substantially due to operational changes and cost saving measures implemented at Fleet Management. 81 Board of County Commissioners October 5, 2015 Page 2 of 2 Interfund borrowing for the golf course includes the interfund loan for replacement of the irrigation system ($422,500) as well as the remaining balance on the golf cart loan ($74,400); however, it excludes the interfund loan from the General Fund that was used to pay off the Series 2003 bonds in 2013. As of September 30, 2015, the remaining principal balance on this`loan was $380,000, and the final principal payment will be paid on September 1, 2016. I Staff is requesting approval from the Board of Commissioners for interfund borrowing in the funds listed above as well as other funds as necessary. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Distribution: Edward Halsey, Internal Auditor, Finance APPROVED AGENDA ITEM: BY: Josep ► A. Baird County Administrator FOR: October 13, 2015 Indian River County .roved Date Administrator �'4 /0 )71)5 Legal 16 Budget 6 10/5 S Department Risk Management, 82 Office of the INDIAN RIVER COUNTY ADMINISTRATOR 8F Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: October 6, 2015 SUBJECT: Authorization to Attend Florida SAFE Investment Seminar Authorization is requested for the County Administrator and/or Staff to attend a free seminar sponsored by FLSAFE on October 28, 2015, in Orlando, Florida. APPROVED AGENDA ITEM BY: \ in rQ�) , FO I October 13, 2015 Indian River Co Administrator Ap. roved Date 83 S ONVES`Nrk,f. SEMONAR OR_ANDO, . PLEASE KM CJS FON A OONE=DAY Topics include Auditor's Continuing Inve-stment Provides training. Market Update, Perspective, Disclosure Strategies eight hours Sponsored Consulting Harris WE Services, Bank. Investment Managing A gar Banking Municipal Municipalities technicral FLSAFE, Akerman, ESDAY 8:30-9.00am 9100-4:30p 1 SO Historic 0 OCT OC Registration Presentations Ballroom Policy Review Relationships, Advisor busine-sts PMA DAC, Rule -s, Special fflutcl Financial investment Network, CIiftonLarsonAllen, Continental A Welogh COU 0519 MStJLAR U o20 Rene' O'Day Please OCT Breakfast If CLUB 0 roday@pmanetwork.com indicate dietary restrictions. Orlando, 0 .797 FL .8►2d8 Larson BMO Akerman OtlmaOti MINN FL SAFE INVESTMENT SEMINAR DUBSDREAD COUNTRY CLUB I ORLANDO - OCTOBER 28, 2015 AGENDA FLORIDA * SAFE L* INVESTMENT POOL * 1 8:30a REGISTRATION, COFFEE & REFRESHMENTS 9:OOa WELCOME Mark Mason l Chairman, FL SAFE Jeff Larson I Administrator, FL SAFE 9:15a ECONOMIC UPDATE John Huber I Senior Vice President, Chief Investment Officer, Prudent Man Advisors, Inc. 10:OOa INVESTMENT POLICY OVERVIEW & CONSIDERATIONS — TIME FOR AN UPDATE? ISSUES FROM AN AUDITOR'S PERSPECTIVE Jeff Larson I Administrator, FL SAFE Andrew Laflin l Audit Partner, Clifton Larson Allen 11:30a BREAK 11:45a MANAGING BANKING RELATIONSHIPS — SERVICES, FINANCINGS & INVESTMENTS Rene'O'Day 1 Vice -President, Sales and Relationship Management, PMA Financial Network, Inc. Elaine Edmunds l Administrative Services Director, City of St. Pete Beach 12:301, LUNCH - MUNICIPAL ADVISOR RULES & CONTINUING DISCLOSURE Lisa Olsen Senior Vice President, DAC Michael Williams, Esq. Partner, Akerman LLC 1:30p OVERVIEW OF CASH FLOW ANALYSIS & APPLICATIONS DISCUSSION OF INVESTMENT OPTIONS FOR SMALLER GOVERNMENTS Fenil Patel l Senior Vice President, Investment Services, PMA Financial Network, Inc. Dan Carpenter l Finance Director, City of Indian Rocks Beach 2:30p BREAK 2:451 INVESTMENT OPTIONS FOR LARGER GOVERNMENTS CASE STUDIES - SPECIAL FUNDS, PENSIONS & LONG TERM CAPITAL FUNDS Mark Mason Director of Financial Services, City of Tamarac John Huber I Senior Vice President, Chief Investment Officer, Prudent Man Advisors, Inc. pichael Nguyen 1 Senior Vice President, Director of Investment Solutions, Prudent Man Advisors, Inc. 4:30± CONCLUSORY COMMENTS QUESTIONS FLORIDA * SAFE * Pr/FS: VEN, COOL * SPMA LARSON �,�r` C cauliiv.6S:roc•=,IJ-C Akerman V CtiftonLarsonAllen HMO Q Harris Bank Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 5, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services CA'n Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager �"_ Gordon Sparks, P.E., Environmental Engineer 1T�5 Subject: Approval of Work Authorization No. 2015-001 to Blue Goose Construction to complete Water Main Loops to The Highlands and Falcon Trace DESCRIPTIONS AND CONDITIONS: The staff in the Department of Utility Services has identified three areas that require water main loops in order to ensure supply during emergencies and increase pressure and fire protection. Two water main loops are proposed for the Highlands. One is between Sunset Drive SW and Sunrise Drive SW. This loop is to replace the one that was inadvertently abandoned some time ago when road work took place in the area. The second one in the Highlands is at 20th Avenue south of 19th Place. The third water main loop is to serve Falcon Trace on 20th Avenue south of 21St Street. ANALYSIS: Since these loops will require new water main construction, staff decided that the quickest and most economical way to complete the work would be to utilize the Department of Utility Services Labor Contractor. The total estimated labor and materials costs is $143,850.52 (See Attachment 1). The estimated cost of the labor is $101,954.60 and the estimated cost of the materials is $41,895.92. FUNDING Funding for these projects is derived from the capital fund in the operating budget and the R & R fund in the operating budget. Operating funds are derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Sunrise Dr. SW 47123536-044699-15508 $64,814.20 Falcon Trace 471-169000-15507 $51,242.95 20th Ave. South of 19th PI. 471-169000-15509 $27,793.37 86 RECOMMENDATION: The staff of the Department of Utility Services recommends that the Board of County Commissioners approve Work:Authorization No. 2015-003 in the amount of $101,954.60. to Blue Goose Construction. ATTACHMENT(s): 1. Cost Estimate for The Highlands and Falcon Trace WM Loops 2. Work Authorization No. 2015-003 to Blue Goose Construction APPROVED FOR AGENDA: Bv: �-ga"7.4 Joseph'A. Baird, County Administrator /VP -kid /3) anis Date 1 Indian River Co. App : ed Date Administration ot A/y Aj Legal V�`I'� Budget Of 15 Utilitiesax, �1 1.041 Utilities -Finance to --5-{5 Purchasing LI. fU-S-15 F•\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Water Main Loops - 2014-2015\IRC - 20th Ave. at 21st St. SW and Falcon Trace WM Loops\OA - AGENDA for Highlands and Falcon Trace - October 5, 2015.doc 87 WORK AUTHORIZATION DIRECTIVE No. 2015-003 IRC — Water Main Loop Completions to Serve the Highlands and Falcon Trace BLUE GOOSE CONSTRUCTION DATE OF ISSUANCE: October 2015 EFFECTIVE DATE: November 2015 OWNER: Indian River County CONTRACTOR: Blue Goose Construction CONTRACT: WATER, SEWER AND RECLAIM WATER LINE REPLACEMENT / EXTENSIONS AND MISCELLANEOUS LABOR CONTRACT. BID NO. 2015001. AWARDED September 9. 2014 PROJECT: Water Main Loops to Serve the Highlands and Falcon Trace COUNTY UTILITY PROJECT NO.: UCP #4096 CONTRACTOR'S PROJECT NO.: N/A COUNTY WIP. No. 47123536-044699-15508.471-169000-15507,471-169000-15509 You are directed to proceed promptly with the following work: Description: Construct 6" and 8" PVC and FIDPE water mains loop completions on 20'1i Avenue SW and 2151 Street SW as outlined in the Cost Estimate. Attachments: (List documents supporting work) Method of determining Contract Price: m Unit Prices: Bid Items as established pursuant to Bid No. 2015001, and awarded by the Board of County Commissioners on September 9, 2014 to Blue Goose Construction, Inc. ❑ Lump Sum D Cost oft the Work The Cost of Labor, Contingency and Contract Time is summarized below: Estimated Labor Cost (rounded) = $101,954.60 Estimated Contract Time: 60 days Estimated Labor Cost (rounded). $101,954.60 ACCEPTED: RECOMMENDED: By: Blue Goose Construction Labor Contractor it'• J Date: (,I 4 L 1 f� J Environmental Engineer Date: ��30� /gam APPROVED: By: COUNTY, CHAIRMAN Wesley S. Davis Date: Attachment 2 C`\Users•lcrain'AppData\l..ocaI'Microsoii\Windows\Temportu Interim Files`Content.Outlook'JTNOMD9Fl0A - Work Authorization No 2015-003 WM loops on 20 AV and 21st St SW.doc 88 Indian River County Department LABOR AND MATERIALS COST ESTIMATE FROM LABOR LABOR CONTRACTOR - BLUE GOOSE Project : Loop Completions Date: October 5, 2015 of Utilities CONTRACTOR'S BID ITEM LIST CONSTRUCTION LABOR COST MATERIALS Bid Item No. Bid Item Description Estimated Quantity Unit of Measure. -_ Labor Unit __ _.Price 1 Total Labor Price Material Unit Price-- Total Material --- -Price- -- - A. 20th Avenue s/o 21st Street SW WM Loop Conn. Falcon Trace $8.00 $800.00 $9.72 $972.00 07c Install 8" HDPE Directional Bore 500 LF Olc Install 6" PVC Water Main 100 LF $6.00 $600.00 $8.52 $852.00 07b Install 6" HDPE Directional Bore 400 LF $38.85 $15,540.00 $12.43 $4,972.00 $2,800.00 $4,100.00 16a Install SS Wet Tap Assemb. w/ Gate Valve 6" X 6" and Tap Main 2 1 20 EA. TON EA. $900.00 $4,100.00 $250.00 $1,800.00 $4,100.00 $5,000.00 $1,400.00 $4,100.00 09 Install Mechanical Restrained Joint DI Fittings 23 Test Holes / Potholes 29a Fill, Pressure Test, Chlorinate, Flush 6" Water Main 460 LF $1.50 $690.00 $100 LS $100.00 30b Install Sample Point per County Detail, Remove After FDEP Clearance 2 EA $275.00 $550.00 $400.00 $800.00 30c Take Bacterial Sample/Deliver to Lab for Testing 4 EA. $150.00 $600.00 Subtotal Water System Labor, Materials, Mob., Demob. and MOT 86a Lawn Restoration Topsoil & Sod (St. Augustine) 300 SY $2.25 $675.00 $29,555.00 $1.50 $450.00 $14,074.00 Subtotal Subtotal Water System Labor and Materials 91 Mobilization, Demobilization, MOT 10% % $2,955.50 547,613.50 . Subtotal Subtotal Water System Labor, Materials, Mob., Demob. and MOT $32 510.50 564,814.20 $14,074.00 $1,407.40 515,481.40 551,242.95 `uu.e IRCDUS Contingency Account 10 % $3,251.05 535,761.55 Subtotals for Labor and Materials TOTAL Labor and Materials Conn. Between Sunset Dr. SW and Sunrise Dr. SW in (The Highlands) 0 I Install 8" PVC Water Main 100 LF $8.00 $800.00 $9.72 $972.00 07c Install 8" HDPE Directional Bore 500 LF $49.85 $24,925.00 $1,800.00 $4,100.00 $5,000.00 5900.00 $12.43 $1,500.00 $4,100.00 $100.00 $6 215.00 $3,000.00 $4,100.00 $100.00 16a Install SS Wet Tap Assemb. w/ Gate Valve 8" X 6" and Tap Main 2 1 20 EA. TON EA. $900.00 $4,100.00 $250.00 09 Install Mechanical Restrained Joint DI Fittings 23 Test Holes / Potholes 29a Fill, Pressure Test, Chlorinate, Flush 6" Water Main 600 LF 51.50 30b Install Sample Point per County Detail, Remove / 2 EA. $275.001 $550.00 $400.00 $800.00 30c Take Bacterial Sample/Deliver to Lab for Testing 4 EA. $150.00 $600.00 86a Lawn Restoration Topsoil & Sod (St. Augustine) 300 SY $2.25; $675.00 $39 350.00 $1.50 $450.00 $15 637.00 Subtotal Subtotal Water System Labor and Materials 91 Mobilization, Demobilization, MOT 1 10% $3,935.00 Subtotal Subtotal Water System Labor, Materials, Mob., Demob. and MOT $43,285.00 $15 637.00 rule IRCDUS Contingency Account 1 10% $4,328.50 51,563.70 517,200.70 Subtotals for Labor and Materials 547,613.50 . TOTAL 564,814.20 ATTACHMENT 1 Project : Loop Completions Date: October 5, 2015 Indian River County Department of Utilities LABOR AND MATERIALS COST ESTIMATE FROM LABOR CONTRACTOR'S BID ITEM LIST LABOR CONTRACTOR - BLUE'GOOSE CONSTRUCTION LABOR COST MATERIALS Bid Item No. Bid Item Description Estimated Quantity ' Unit of Measure Labor Unit Price Total Labor Price Material Unit Price Total Material Price Totals for Labor and Materials (Separately) for Three LABOR COST MATERIALS Bid Item No. Bid Item Description Estimated 1 Unit of Quantity 1 Measure Labor Unit Price Total Labor Price Material Unit Price Total Material Price C. 20th Avenue s/o 19th Place SW - WM Loop Connection 0 l Install 8" PVC Water Main 60.0 LF 58.00 $480.00 $9 72 $583.20 07b Install 8" HDPE Directional Drill including Fusion of Pipe and MJ Adapters 100 LF $49.85 5900.00 54,985.00 $12.43 51,500.00 $1 243.00 000.00 16a Install SS Wet Tap Assemb. w/ Gate Valve 6" X 6" and Tap Main 2 EA.$1,800.00$3 23 Test Holes / Potholes 15 EA. _ 5250.00 $1.50 $3,750.00 $240.00 $100.00 $100.00 29a Fill Pressure Test, Chlorinate Flush 6" Water Ms 160 LF 30b mstan sampte rant per t,ounty uetau, Kemove After FDEP Clearance 2 EA. $275.00 $550.00 $400.00 — $800.00 30c Take Bacterial Sample/Deliver to Lab for Testing 4 EA. $150.00 $600.00 09 Install Mechanical Restrained Joint DI Fittings 0.50 TON $4,100.00 $2,050.00 $4,100.00 52 050.00 86a Lawn Restoration Topsoil & Sod (St. Augustine) 400 SY $2'25 5900.00 $1'50 5600.00 Subtotal Subtotal Labor and Materials $15,355.00 $1 535.50 $8 376.20 91 Mobilization, Demobilization, MOT 1 10% Subtotal —r°t, e — Subtotal Water System Labor, Mob., Demob., MOT and Materials $16,890.50 $8,376.20 IRCDUS Contingency Account 1 10% 51 689.05 5837.62 Subtotals for Labor and Materials 518,579.55 _ $9 213.82 TOTAL $27,793.37 Totals for Labor and Materials (Separately) for Three Locations 5101,954.60 541,895.92 TOTAL Project Labor and Materials for Three Locations $143,850.52 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONTINUED PUBLIC HEARING LDR AMENDMENT (LEGISLATIVE) TO: Joseph A. Baird; County Administrator FROM: Stan Boling, AICP; DATE: ; October 6, 2015 ommunity Development Director SUBJECT: Consideration of Proposed Parking. Regulations for Vacation Rentals ("Ordinance 1"); Amending Land Development Regulations Chapters 901 (Definitions), 911 (Zoning), and 912 (Single -Family Development) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 13, 2015. This item was initially considered at a public hearing on September 22, 2015 which was continued to the October 6, 2015 meeting. At the October 6, 2015 meeting the Board continued the public hearing, took additional public input and continued the public hearing to the October 13, 2015 meeting. The staff report prepared for the September 22t meeting and for the October 6th meeting is provided below and has not been changed since the September 22nd meeting. BACKGROUND At its February 10, 2015 meeting, the Board of County Commissioners (Board) heard a presentation from Dr. Miles Conway regarding vacation rentals, including parking conditions at a vacation rental adjacent to his property on south SR A -1-A (see attachment #1). That vacation rental, whose owner is represented by attorney Barry Segal, is the subject of a Code Enforcement Board action which has been appealed to circuit court. After hearing from Dr. Conway, Mr. Segal, and others at the February meeting, the Board voted unanimously to direct staff to draft parking regulations for vacation rentals. Based on that directive, Community Development staff and Deputy County Attorney Bill DeBraal conducted research and drafted an LDR (land development regulation) amendment ordinance establishing vacation rental parking regulations for the Board's initial review as a departmental discussion item at the May 5, 2015 Board meeting. At its May 5, 2015 meeting, the Board heard from staff and a number of parties. At the end of discussion, the Board voted unanimously to "approve" staff's recommended ordinance and directed staff to initiate the formal LDR amendment process (see attachment #2). For the proposed amendment, that process involves one public hearing before the Planning & Zoning Commission (PZC) and one public hearing before the Board. Staff prepared a revised vacation rental parking regulation ordinance ("Ordinance 1") for the PZC's consideration, and after input at the PZC hearing, prepared a further revised ordinance for the Board's consideration. M:\AGENDA\Current Year \2015\IO-13.15 Continued ParkingRegsVacRentalsOrdinance.docx 91 It should be noted that at the May 5th meeting, the Board also voted unanimously to direct staff to draft and process an ordinance prohibiting commercial events such as weddings and reunions at single-family residences (see attachment #2). That ordinance ("Ordinance 2") has been drafted by the Deputy County Attorney, with input from planning staff, and will be considered separately from "Ordinance 1". Both ordinances were considered consecutively at the same PZC meeting (August 13, 2015) and are scheduled for consideration at the same Board meeting (September 22, 2015). PZC ACTION At its August 13, 2015 meeting, the PZC considered the vacation rental parking ordinance (Ordinance #1) at a public hearing and voted 5-1 to recommend that the Board adopt the proposed ordinance with one modification (see attachment 9). That modification was to delete the provision proposed by staff to allow on-site, excess day time parking spaces (overflow spaces) if specially buffered and site plan approved. Thus, staff recommends a provision for special overflow parking and the PZC recommends that no such provision be included in the ordinance. The BCC is now to consider "Ordinance 1" and is to adopt, adopt with changes, or reject the ordinance. ANALYSIS The term "vacation rentals" generally refers to residential units rented -out for short-term stays, typically for periods of one week or less. In high tourist areas across the nation, including many parts of Florida, vacation rentals are popular and controversial to varying degrees. Staff's research indicates that many local government regulations do not specifically treat "vacation rentals" except through interpretations of regulations for residential units or lodging units (e.g. hotels, motels, bed and breakfast use categories). Staff has also found that some communities, such as those in the Florida Keys (e.g. Monroe County), have extensive vacation rental regulations and local licensing requirements. History of County Regulations, State Pre-emption, and Local Complaints Indian River County's history of vacation rental regulations, together with the State's recent actions to pre-empt local vacation rental regulations, and local complaints related to vacation rentals are summarized as follows. • 1980s to 2012: County code was interpreted to classify any residential unit rented for a period of less than 30 days as a lodging unit requiring commercial zoning or approval as a bed and breakfast or residential resort (e.g. the Disney Resort at SR A -1-A and CR 510). During this period, occasional code enforcement activity occurred when staff received complaints about a vacation rental in a residential area (e.g. Summerplace, Roseland). • 2011: State law was enacted pre-empting local governments from prohibiting, restricting, or regulating short term/vacation rentals. Local ordinances in place prior to June 1, 2011 were grandfathered -in. • 2012: As part of an extensive LDR clean-up, staff proposed numerous modifications to the County code, including a modification to clarify the 30 day rental period applied to residential units since the 1980s. During the PZC and Board hearings for those amendments, vacation rentals owner Glenn Powell spoke against the modification and the prohibition interpretation of the old code. At the June 19, 2012 and July 10, 2012 Board hearings, County Attorney Alan Polackwich indicated that the existing code had a legal "gray area" that staff was trying to address with a proposed modification. M:WGENDA\Current Year\2015\10-13-15 Continued ParkingRegsVacRentalsOrdinance.docx 2 92 During discussion at the June meeting, Board members indicated that vacation rentals can be properly run and that by explicitly making them legal, many could "come out of the shadows" and be properly licensed by the state. At the July 10, 2012 hearing, the Board adopted an ordinance that specifically allows residential units to be rented -out for any period of time (daily, weekly, or longer). At that hearing, the Board directed staff to develop a mechanism to handle complaints and ensure that known vacation rentals get properly licensed by the state. Excerpts of minutes from both Board hearings are attached (see attachment #3) • 2012 — Present: Since the July 2012 code change, code enforcement staff has handled and maintained a log of general inquiries and complaints related to vacation rentals. Site specific complaints are investigated and turned over to the state Department of Professional Business Regulation (DPBR) for its determination on whether or not a state vacation rental dwelling license is required. (State investigations can take several months, especially if rental activity is minimal. While a state investigation is active, the state will not provide code enforcement staff any information about the investigation. Violations of local regulations, if any, are handled through normal code enforcement procedures. Upon a determination by the state that a license is required, and upon issuance of a state license, staff notifies the license holder about County residential parking requirements, and informs the clerk's office (see attachment #4). 1 Since July 2012, staff has received 5 general inquiries and 10 site-specific complaints regarding vacation rentals which included complaints about parking and impaired traffic flow. Of those 10 complaints, 5 were determined not to be used as a vacation rental, 2 were issued state licenses, and 3 have open investigations by the state. A copy of the current log is attached (see attachment #6). Based on that data, it appears that the number of site specific complaints in the unincorporated county has been relatively low, so far. Nonetheless, since July 2012, the percentage of unincorporated county site-specific vacation rental parking/traffic complaints compared to the total estimated number of vacation rentals in the unincorporated county (+ 4%) exceeded the percentage of unincorporated county parking/traffic complaints related to conventional residences (± 2.4%) during the same three year period. In addition, recent research conducted by the County Attorney's Office indicates that there may be more than 375 vacation rental units county -wide that are offered for rent on the internet. It appears that roughly 250 vacation rental units are offered for rent in the unincorporated county. Planning staff research indicates that numerous local governments in Florida and other high tourist areas have experienced parking problems related to vacation rentals due to the frequency of larger than normal parking demands for such units. Such parking problems are reflected in recent position papers issued by the Florida League of Cities. Furthermore, the rise of internet and hand-held device tools and applicatios, together with the rise of management agencies, will make the marketing and management of vacation rentals easier. Consequently, the potential for increased vacation rental activity and related parking/traffic nuisances in the unincorporated county may be significant without proper parking regulations specific to vacation rentals. • 2014: The 2011 state law was modified to allow local regulation of vacation rentals but still pre- empted local governments from prohibiting vacation rentals or regulating the duration or frequency of vacation rentals. M:\AGENDA\Current Year\2015\IO-13-15 Continued ParkingRegsVacRentalsOrdinance.docx 3 93 • 2014/2015: The south SR A -1-A ("Segal") case was heard by the Code Enforcement Board (CEB). In that case, the CEB voted 4-1 to find a violation of parking location regulations and entered a continuing order "that parking not occur in anything other than the designated parking area". The vacation rental owner appealed the CEB decision to circuit court. That lawsuit is currently pending. In February and May 2015, the Board considered vacation rental issues and directed staff to initiate adoption of vacation rental parking regulations and an ordinance prohibiting renting -out a single- family residence for special events such as weddings and reunions. On July 114, 2015, the Board adopted a resolution establishing an advisory committee to make recommendations to the Board regarding any additional local regulations needed beyond the parking regulations ordinance and event prohibition ordinance already being considered. That committee, which will automatically sunset within one year of its first meeting or when it makes recommendations to the Board (whichever occurs first), will be known as the Short Term Vacation Rental Advisory Committee. In August, Commissioners made their district appointments to the committee, and the Board voted to appoint two at -large members and one alternate for the south beach property owners association representative who serves on the committee. Staff anticipates that the committee will convene this fall. Existing Indian River County Residential Parking Regulations Regulations on the number and location of automobiles regularly parked at a single-family residence are intended to maintain the visual/aesthetic character of residential neighborhoods, while accommodating parking needs. For any residential unit, the general parking minimum is two spaces per unit. That parking standard minimum is typical for most jurisdictions and for a single-family residence is easily met by providing a standard driveway. Current County parking regulations for a single-family zoned lot allow a maximum of 3 automobiles (not including RVs, which are separately regulated) to be parked outside an unenclosed area, with two exceptions. One exception allows for one additional vehicle for each licensed driver permanently residing at the residence. The second exception allows the parking of automobiles by persons visiting the residence without those automobiles counting toward the previously described limitations. The current regulations also prohibit parking within a required yard such as within the front yard setback area of a lot. It should be noted that in general, a car may be parked (but not stored) within a public local road right-of-way. It is staffs position that the existing code's exception for parking by persons visiting the residence (the second exception described above) is not intended to apply to vacation unit renters or "guests" of the vacation unit renters. Although the current code is not clear on that point, that issue will be clarified and addressed through adoption of the "Ordinance 1" amendment now being considered. Comparison of Parking Standards for Vacation Rentals Staff has researched vacation rental parking standards and obtained information from nine Florida local governments as well as information from six out-of-state local jurisdictions (see attachment #7). Staff's research indicates that Vero Beach specifically prohibits vacation rentals and therefore has no standards relating to that use. Neither Fellsmere nor Sebastian have specific standards for vacation rentals, the same as Indian River County. Several of the surveyed jurisdictions specifically restrict vacation rental parking locations to driveways and designated areas (Islamorada, Bal Harbor Village, and communities in California and Nevada). With respect to regulating the number of parking spaces, several jurisdictions require a minimum number of spaces or fraction of a space per room. A few jurisdictions limit the maximum number of spaces based on the number of designated spaces shown on a local government vacation rental application. M:\AGENDA\Current Year12015\IO-13-15 Continued ParkingRegsVacRentalsOrdinanee.docx 4 94 Proposed Ordinance Based on the Board's direction, items brought up during the May 5`h meeting, and comments provided to staff by interested parties, staff revised and re -formatted the draft ordinance resulting in the proposed ordinance now under consideration (see attachment 10). The proposed ordinance defines the term "vacation rental", clarifies existing parking regulations for single family residences in general, and establishes parking regulations specific to vacation rentals. As structured, the proposed "vacation rental" definition closely follows the state's definition of such use for state vacation, rental dwelling licensing purposes. Thus, any unit "advertised or held out to the public" for regular rental, for a period of less than 30 days will be considered a vacation rental. Consequently, the County's definition will "capture" every short term rental unit that requires a state license. As structured; the proposed ordinance clarifies the County's current regulations by referring to "carport or garage" parking areas rather than referring to enclosed or unenclosed parking areas. The proposed ordinance also establishes automobile parking maximums for vacation rentals. As currently proposed, for vacation rentals with a garage and/or carport, the maximum number of parked automobiles is the total number of garage/carport spaces plus one space per bedroom not to exceed 5 automobiles parked outside a garage/carport. For vacation rentals with no garage or carport, the current proposal limits the total number of parked automobiles to 2 plus one space per bedroom not to exceed a total of 5 automobiles on site. For all' vacation rentals, all automobiles except service and delivery vehicles are required to be parked on-site and not parked within a road right-of-way except within a designated and improved or stabilized driveway (a portion of which typically lies within a road right-of-way). In addition to the parking limitations described above, a vacation rental unit may provide for "excess" parking spaces if such spaces meet parking location requirements and are visually screened from view from any adjacent public or private street by a 15' — 20' wide Type "C" landscape buffer with 6' opaque feature. As proposed, excess spaces cannot be occupied between 10 pm and 8 am, must be reviewed and approved by planning staff through the administrative approval site plan process, and must comply with standards applied by Traffic Engineering and Fire Prevention. In practice, the current proposal to allow excess spaces will be useable on larger sites, will maintain visual compatibility from the view from adjacent streets, and will accommodate larger numbers of parked automobiles thereby accommodating larger numbers of people at vacation rentals situated on larger sites. As noted earlier in this report, the PZC has recommended deletion of the excess parking space provision while staff recommends adoption of that provision as part of the ordinance, as shown on pages 2 and 3 of the proposed ordinance as section 911.15(4)(b)4 and 912.17(2)(b)4 [see attachment #10]. Issues Other Than Parking During the May 5th Board meeting, staff presented and discussed issues and concerns other than parking that have been raised during discussion of vacation rentals. Those issues are discussed below. — Event Sites One issue relates to use of vacation rentals or any single-family residence rented -out for events involving large gatherings of people, such as weddings, reunions, and other events characterized by music, dancing, catered food, tents, or outdoor tables. Staff's initial review with the Deputy County Attorney indicated that the County could prohibit or separately regulate the renting of a residence (conventional residence or vacation rental) for compensation for a large gathering event. Since that initial review, the Deputy M:\AGENDA\Current Year\2015\10-13-15 Continued ParkingRegsVacRentalsOrdinance.docx 5 95 County Attorney has confirmed his opinion that enacting an outright prohibition on using a rented -out residence for a special event is justifiable and legal. That opinion seems to be supported by the June 22, 2015 Florida 1st District Court opinion in the Bennet v Walton County case. In that case, the court found it reasonable for Walton County to allow customary occasional events such as house parties and wedding celebrations at a conventional residence while prohibiting similar events at a particular home that was rented -out and used frequently for such events. With respect to the event issue, the Deputy County Attorney, with input from planning staff, has drafted a proposed ordinance that would prohibit renting -out (for compensation) any single-family residence for a special event such as a wedding or reunion. Since the August 13, 2015 PZC hearing, staff has added to the special event prohibition ordinance an exception for events scheduled (contracted) prior to the September 22"d Board hearing that are to be held within one year. In addition, a provision has been added to the ordinance to allow special events on large (4+ acre) agricultural sites subject to obtaining a temporary use permit (TUP) from planning staff. The special events prohibition ordinance ("Ordinance #2) is scheduled for consideration immediately after the Board's consideration of the proposed vacation rental parking regulations ("Ordinance 1"). In staff's opinion, "Ordinance 2" adequately addresses the event site issue. — Fire Safety Another issue raised relates to fire safety for vacation rentals. In response to that issue, County Fire Prevention staff coordinated with DBPR (Florida Department of Business and Professional Regulation) staff. According to DBPR staff, a licensed vacation rental is required to have functioning smoke detectors and a fire extinguisher. Actual site inspections by DBPR staff, however, appear to be rare and are scheduled only in response to complaints. Inspections of vacation rentals by County Fire Prevention are not currently provided in the county code. Consequently, local inspections of vacation rentals for smoke detectors and fire extinguishers cannot be required without a change to the county code. At the May 5th Board meeting, Fire Prevention indicated that fire code occupancy loads were not applicable to a residential unit. Staff's position is that occupancy limits for vacation rental units would not be practical to monitor or enforce. In staff's opinion, the issue of fire safety will likely be evaluated in the future by the Short Term Vacation Rental Advisory Committee. — Citation Powers & Fines Based on Florida Statutes Chapters 162 and 489, County Code Section 103.07, and County Resolution No. 92-59, County code enforcement officers have the power to issue citations for various violations subject to specific procedures. Those procedures include issuance of a warning for an initial violation with time given for compliance. A violation that occurs thereafter may be cited per occurrence. Under the citation resolution currently in place, a $50 citation may be issued for each vehicle in violation of a parking regulation after a warning has been issued to the owner of the premises. Specific types of violations and associated fine amounts could be added to the County's current citation schedule by adoption of a resolution, as was done in 2013 when fertilizer ordinance violations were added to the schedule by Resolution No. 2013-089. County code section 103.07, Resolution No. 92-59, and a citation procedures flowchart are attached (see attachment #8). In staff's opinion, citation powers and fine amounts will likely be evaluated in the future by the Short Term Vacation Rental Advisory Committee. — Local License & Rental Management Contact Information In order to better coordinate with various departments/agencies and better manage compliance with local and state requirements (e.g. parking regulations, special event prohibition, state license, local tourist tax, M:\AGENDA\Current Year\2015\IO-I3-15 Continued PerkingRegsVacRentalsOrdinance.docx 6 96 business tax receipt) a local vacation rental license requirement could be established. Such a license could involve a simple submittal and review process to ensure that applicants read and acknowledge local requirements', and provide up-to-date local manager contact information. That information could be use by staff and shared with property owners associations to facilitate timely contact in the event that compliance or unit management problems arise. In staff's opinion, it is likely that requirements for local licensing and local management contact information will be evaluated in the future by the Short Term Vacation Rental Advisory Committee. CONCLUSION The proposed vacation rental parking regulations ("Ordinance 1"), if adopted, will reasonably accommodate and limit the number of automobiles parked outside of carports and garages at vacation rentals. In addition, the proposed regulations appropriately limit parking locations at vacation rentals to carports, garages, and driveways. The proposed regulations also allow for properly screened and located day -time excess parking spaces which can be accommodated on larger sites. In staff's opinion, the proposed ordinance adequately addresses the issue of parking at vacation rentals. As described above, there are several vacation rental issues other than parking that are being addressed separately from consideration of the proposed parking regulations. The issue of renting -out a residence for special events such as a wedding or reunion is being addressed via consideration of a proposed ordinance that will prohibit that activity ("Ordinance 2"). Other issues, such as fire safety, citation powers and fines, and local license and rental management contact information will likely be addressed via the recently established Short Term Vacation Rental Advisory Committee. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance ("Ordinance 1") establishing vacation rental parking regulations. ATTACHMENTS 1. Excerpt from February 10, 2015 BOARD Minutes 2. Excerpt from May 5, 2015 BOARD Minutes 3. Excerpts from June 19, 2012 and July 10, 2012 BOARD Minutes 4. Sample Notice to Owner of Vacation Rental Regarding Residential Parking Requirements 5. Sample Vacation Rental Dwelling State License Details 6. Log of Vacation Rental Complaints 7. Chart: Comparison of Parking Standards for Vacation Rentals 8. County Citation Powers Documents 9. PZC Minutes from August 13, 2015 Meeting 10. Proposed "Ordinance 1" (Vacation Rental Parking Regulations) APPROVED AGENDA ITEM: FOR: October 13, 2015 BY: 2 di M:\AGENNDA\Current Year \2015\10-13-15 Continued ParkingRegsVacRentalsOrdinance.docx Indian River Co, App .„1„• ed Date Admin. e� / /71L Legal Ar i ID, 7- i $ Budgetiik I0 711_ Dept. tor Risk Mgr. 7 97 C. 1:30 p.m. Shores had adopted a Resolution regarding the Florida Auditor General's audit of the Florida Municipal Power Agency and the plans of the City of Vero Beach, in response to that audit. He asked fellow Commissioners if they wished to draft a similar Resolution. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner O'Bryan, the Board unanimously directed the County Attorney's Office to: (1) draft a Resolution similar to one that was adopted by the Town of Indian River Shores with regards to the Florida Municipal Power Agency's preliminary and tentative audit findings and recommendation concerning the Florida Municipal Power Agency (FMPA), and the plans of the City of Vero Beach in response to that audit report, and (2) bring back the draft Resolution for Board review. Commissioner Joseph E. Flescher None Commissioner Peter D. O'Brvan 1. Parking for Vacation Rentals (memorandum dated January 26, 2015) 302-314 (Clerk's Note: This item was heard following Item 13.F. Update on the Public Service Commission Meeting, and is placed here for continuity). Commissioner O'Bryan reported that on August 18, 2014, a Code Enforcement Board Order was filed against Michael D. Dudek for residential parking violations at his vacation rental property in the White Surf Subdivision, and that Mr. Dudek's attorney, Barry G. Segal, has filed a challenge to that Order. Commissioner O'Bryan explained that the volume of renters at the home has led to parking 'issues with the adjoining property owners, Dr. Miles Conway, Dr. Walter Forman, and Dr. Thomas Gillman, and proposed that the County Attorney's office draft an Ordinance regulating parking at vacation rentals, with the maximum number of allowable cars tied to the size of the home. There was a brief discussion among the Board about vacation rentals in residential areas. Dr. Miles Conway, 2340 South Highway A1A, stated that he, Dr. Thomas Gillman, and Dr. Walter Forman, are in civil litigation with Mr. Dudek, because they have been putting up with untenable conditions for over a year. He noted that he resides in the Kansas City Colony subdivision, just north of Board of County Commission Minutes Page 19 February 10, 2015 ATTACHMENT 1 98 the White Surf Subdivision, and that the other two property owners live in the same subdivision as Mr. Dudek. He presented supporting evidence that the transient rentals are negatively impacting his quality of life and that of Drs. Gilman and Forman, as well as other beachfront property owners. Dr. Conway elaborated on issues related to these transient rentals as follows: large volumes of cars being parked at individual properties and on right-of-way; damage to the sand dunes; sea turtle disorientation; unknown persons wandering around in the middle of the night; trespassing; noise pollution; and vandalism, and invited individual Board Members to spend time at the site to see what is going on. Vice Chairman Solari asked Dr. Conway to clarify what remedy he was seeking from the Board. Dr. Conway responded that he would like to see the Board enact a two to three car limit at individual properties. Discussion/debate ensued between the Board and Dr. Conway about the existing parking regulations for residential homes. Commissioner Flescher voiced concerns that formulating regulations governing residential parking might impede upon individual property rights. Commissioner O'Bryan said that the parking rules for homeowners will fall under the existing County Code, as far as guests visiting a single-family residence; however, he was proposing separate regulations governing commercial vacation rentals. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Solari, to direct staff to draft parking regulations for vacation rentals, either by the addition of wording to our existing County Code, or by drafting a new Ordinance to deal with parking at residences that are being employed as vacation rentals. Chairman Davis asked staff to provide him with a list of properties at which there have been complaints related to transient rentals. Dr. Conway related that since the City has tightened up its restrictions on transient vacation rentals, these types of rentals will migrate over to the County. A brief discussion ensued between the Board and staff about the collection of Tourist Taxes. Board of County Commission Minutes Page 20 February 10, 2015 ATTACHMENT 1 E. 2:46 p.m. Dr. Conway stated that he would like to speak at a future Board meeting on the deleterious impact of transient rentals on property values and other associated issues. Daniel Lamson, Executive Director, Indian River Neighborhood Association, spoke in support of Commissioner O'Bryan's proposed parking regulations, and provided for the record, emailed correspondence from three homeowners having problems associated with neighboring short-term rental properties. Barry Siegel, Esq., representing Mr. Dudek, provided to the Clerk a copy of the Florida Attorney General's Legal Opinion that a local government may not restrict vacation rentals, and cautioned the Board that the proposed Ordinance may have unintended consequences. Attorney Reingold, responding to Board questions, clarified that while a local government may regulate vacation rentals, it may not enact a local law, ordinance, or regulation which would operate to prohibit vacation rentals. The Chairman CALLED THE QUESTION and the Motion carried unanimously. Commissioner Tim Zorc 1. Update on Foreign Trade Zone from the Port Canaveral Meeting held on January 21, 2015 (no back-up) (Clerk's Note: This item was heard following Item 14.B.1. Resolution Regarding FMPA Audit, and is placed here for continuity). Commissioner Zorc stated that the Port Canaveral Board of Commissioners was receptive to his request to create an Indian River County sub -zone within Port Canaveral Foreign Trade Zone 136, but would need to review their Charter. He asked for authorization to attend any future meetings about the County's request to be included in Foreign Trade Zone 136. ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Davis, the Board unanimously approved out -of - County travel, as needed, for Commissioners and staff to attend meetings, regarding: (1) the Florida Municipal Power Agency (FMPA); and (2) Port Canaveral Foreign Trade Zone 136. Board of County Commission Minutes Page 21 February 10, 2015 ATTACHMENT 1 100 approved to fund a contribution cap of 50% of the overall project cost, with a County cap of $115,000; and 3) authorized staff to coordinate with St. Christopher Harbor Home Owner's Association to obtain the Home Owner's Association's authorization to use Island Drive for land- based removal of fill and a commitment of further contribution to project costs. 3. Request to Speak from Patricia Hunt Regarding New Public Cameras in Public Building, Documented, Etc. Deleted C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. 10:05 a.m. Community Development 1. Consideration of Draft Parking Regulations for Vacation Rentals (memorandum dated April 23, 2015) 195 196-230 Community Development Director Stan Boling recalled the Board meeting of February 10, 2015, when the Board directed staff to draft parking regulations for vacation rentals. • Mr. Boling, using a PowerPoint presentation, stated that the draft ordinance defines the term "vacation rental", clarifies existing parking regulations for single- family residences in general, and establishes parking regulations specific to vacation rentals. He asked the Board to review the draft ordinance and determine whether or not to direct staff to initiate the formal Land Development Regulation (LDR) amendment process with any initial ordinance modifications desired by the Board. Each Commissioner shared their concerns and opinions on how to fairly apply different regulations on vacation rentals from regulations on a single-family residence. The Board posed questions to staff to gather additional information. Commissioner Zorc stated, aside from parking regulations, he wanted to see regulations imposed similar to those applied to Bed and Breakfast businesses, to enforce Board of County Commissioners Meeting May 5, 2015 Page 10 ATTACHM!NT 2 101 capacity and occupancy regulations. The Board discussion continued regarding comparisons of the proposed parking regulation ordinance to other property restrictions, and several Board Members mentioned that the real issue was events, and not parking. The Chairman opened the floor to the Public. Joseph Paladin, President of Black Swan Consulting, and Atlantic Coast Construction, wanted to know how the Board would count the cars at vacation rentals in a mixed use project, and learned that the Associations within those projects have their own parking regulations. Glenn Powell, 1284.5,Bay Street, Roseland, did not think parking regulations were sufficient, and believed that the renters would find ways to work around the Ordinance. He thought the big issue was the number of people, and suggested limiting the number of people that can occupy a vacation rental at any given time. Commissioner Flescher agreed; however, Deputy County Attorney Bill DeBraal stated that staff found it to be easier to enforce parking regulations, than event regulations. He encouraged the Board to focus on events as another issue. The Board continued discussing the enforcement issue. Commissioner Flescher stated earlier and reiterated that the County needed to prevent events at vacation rentals. Emergency Services Director John King advised the Board that residences are only discussed through code enforcement, and not under fire regulations. For residences operating as a business, he said that the County would need additional regulations. He pointed out that a number of vacation rental owners were not applying for a business license. Without a separate County ordinance, he would have very little influence. Fire Marshal John Duran responded to questions on occupancy loads in residences. Joseph Paladin saw no difference in a short term rental and a Bed and Breakfast. David Hunter, 3702 Eagle Drive, Vero Beach, pointed out Board of County Commissioners Meeting May 5, 2015 Page 11 ATTACHMENT 2 102 that we have a black market operation in the County where vacation rentals are operating without a license, which is a misdemeanor. He related that the County is losing revenue from sales taxes, and that the situation is causing chaos because the County has no way to control it. Commissioner Zorc confirmed that Florida Statute 509.242, Public Lodging Establishment, was the Statute that Mr. Hunter was discussing, and agreed with his statements. Honey Minuse, 27 Starfish Drive, representing the Indian River Neighborhood Association (IRNA), said vacation rentals are threatening the cohesiveness and stability of the community. She pointed out some requirements established in order to operate a vacation rental in Monroe County, and asked the Board to look into having local regulations in place that would treat vacation rentals as a business. Mr. Hunter thought the County needed to find a way to control bad behavior at events. Vic Cooper, 715 Harbor Drive, in the Moorings, commented that people tend to "push the envelope", and when you allow this to happen it affects property values, and tax revenues. He suggested developing a contract. The Chairman called for a break at 11:22 a.m. and he reconvened the meeting at 11:34 a.m., with all members present. John Burns, 1811 E. Sandpointe Place, pointed out that there are some homeowners that are not a part of any homeowner's association. He related that it is the responsibility of the South Beach Property Association SBPA) to advocate the regulations of the rentals. He addressed other issues that needed to be dealt with such as unsightly trash, disorderly conduct, and loud music. He urged the Board to issue a strong ordinance that regulates these issues. A discussion followed by the Board with comments and questions to staff regarding issues addressed by Mr. Burns. George Bryant, 180 Springline Drive, in the Moorings, President of the Moorings' Property Owners Association, supported the adoption of the Ordinance on a reasonable Board of County Commissioners Meeting May 5, 2015 Page 12 ATTACHMENT 2 103 number of vehicles parking at a vacation rental. He recalled staff's memorandum of April 23, 2015, where other issues were addressed besides parking that they feel should be addressed with specific limitation: heads in bed, noise, trash containers, and compliance with State safety and licensing requirements. Tuck Ferrell, 12546 N. Highway AlA, President of the North Beach Civic Association, addressed problems with people abusing the system at events held in his neighborhood. He provided pictures for the record. He looked up VRBO (Vacation Rentals by Owner) who are advertising special events on the internet, and addressing parking at the County park. He thought the parking Ordinance was a good start, but did not know if it was going to help the event situation. He supported the Board for all their efforts in this matter. A lengthy discussion continued between the Board and staff regarding ways to fairly regulate events in an Ordinance. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Chairman Davis, to: 1) accept the draft ordinance as written, and direct staff to initiate the formal Land Development Regulations amendment process; and 2) direct staff to draft a separate ordinance that would prevent commercial events at vacation rentals in single- family residential neighborhoods, defining specific events that are prohibited, include criteria for formal advertising, whether itbe newspaper, internet or other prima facia evidence for the use of commercial activity, and include general criteria to enforce the ordinance. Attorney Barry Segal, representing his client Mitch Dudak, a vacation rental owner, presented a letter from his client, pointing out that vacation rental parking is not the problem; it is an event problem. His client would be very encouraged to see the event problem addressed. Attorney Segal responded to several questions from the Board. Commissioner Flescher said the vehicle count on the parking ordinance was the one thing preventing him from supporting the motion, and he asked that it be modified. Vince DeTurris, 595 Reef Road, Vice President of the South Beach Property Owners Association (SBPOA), and a concerned citizen, appreciated the Board's support on this Board of County Commissioners Meeting May 5, 2015 Page 13 ATTACHMENT 2 104 issue. He introduced Dr. Miles Conway who had been working on this issue for three years. Mr. Hunter disputed Mr. Dudak's comments presented by 'Attorney Segal that the use of vacation rental properties and the parking issue are a separate issue. Dr. Miles Conway, 2314 S. Highway A1A, Economist Industrial Consultant, Director and Secretary of SBPOA, and Chairman of the Land Use Sub -Committee, provided a slide presentation regarding social economic impact of transient boarding houses, or vacation rentals. He defined the reasoning and supportive•suggestions of the SBPOA: 1. Avoid the gaming of the system, and control the influx of people, the ordinance needs to include the restriction of designated drivers in a driveway, and also eliminate valet parking, limousine, and shuttle service. 2. Remove the stipulation "for a vacation dwelling, the number of automobiles parked outside of a carport or garage." They see that as a step going backwards. 3. Adopt an ordinance as Monroe County has for their vacation rental law, and property license requirements. 4. Counsel staff on using qualitative statistics. Discussion continued by the Board commenting on Dr. Conway's presentation, and further questions were posed to staff. Sheriff Loar stated his office's responsibility is to enhance and assist the County with any ordinance that they adopt. The Chairman asked Vice Chairman Solari to restate his Motion, as two separate motions. MOTION WAS RESTATED by Vice Chairman Solari, SECONDED by Chairman Davis, to approve staffs recommendation directing staff to initiate the formal Land Development Regulation (LDR) amendment process. Discussion continued by Chairman Davis who posed additional questions to staff, reviewing the issues addressed Board of County Commissioners Meeting May 5, 2015 Page 14 ATTACHMENT 2 105 and shared thoughts and ideas on how staff could address them in the ordinance. The Chairman CALLED THE QUESTION and the Motion carried unanimously. MOTION WAS RESTATED by Vice Chairman Solari, SECONDED by Commissioner Flescher, to direct staff to draft an ordinance that would prevent commercial events at vacation rentals in single-family residential neighborhoods, defining specific events that are prohibited, include criteria for formal advertising, whether it be newspaper, internet or other prima facia evidence for the use of commercial activity, and include general criteria to enforce the ordinance. Following the Motion, Vice Chairman Solari stated that he wanted staff to bring the Ordinance back to the Board through the normal LDR amendment process. The Chairman CALLED THE QUESTION and the Motion passed unanimously. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Commissioner Zorc, to ask staff to review and analyze the Monroe County Ordinance on Vacation Rentals, consider the comments from the SBPOA, and bring it back to the Board for further discussion. A brief discussion followed among several Board members regarding the Monroe County Ordinance being in compliance with Department of Environmental Protection and Health Regulations. Vice Chairman Solari read the Monroe County Ordinance and said he was not going to vote in support of this Motion. He found the Monroe County Ordinance to be incredibly onerous, and while Monroe County has certain specific aspects to its nature for which it may be appropriate in that County, he did believe it was not appropriate for the unincorporated area of Indian River County. The Chairman CALLED THE QUESTION and the Motion carried, by a 3-2 vote (Commissioner Flescher and Vice Chairman Solari opposed). The Chairman called for a break at 1:42 p.m. and reconvened the meeting at 1:55 p.m. Board of County Commissioners Meeting May 5, 2015 Page 15 ATTACHMENT 2 106 8.H. CONSIDERATION OF CHANGE ORDER No. 1 TO CONTRACT AGREEMENT WITH TIMOTHY ROSE CONTRACTING, INC. FOR CONSTRUCTION OF PUBLIC ACCESS IMPROVEMENTS ON THE FLINN TRACT OF THE LAGOON GREENWA Y ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis, the Board unanimously approved Change Order No. 1 to the Lagoon Greenway Phase I Construction Agreement with Timothy Rose Contracting, Inc., and authorized the County Administrator to execute the Change Order on behalf of the County, as recommended in the memorandum of June 12, 2012. CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Chairman Wheeler called a break at 10:15 a.m. and reconvened the meeting at 10:27 a.m., with all members present. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARING 10.A.1. CONSIDERATION OF PROPOSED LDR (LAND DEVELOPMENT REGULATION) AMENDMENTS (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE June 19, 2012 OFFICE OF THE CLERK TO THE BOARD 9 ATTACHMENT 3 107 Planning Director Stan Boling, using a PowerPoint presentation (on file), recapped his memorandum dated June 7, 2012, providing background and analysis on the proposed Land Development Regulations (LDR) amendments, which are the result of staff's Evaluation and Appraisal Report (EAR) process. He said that the Board needs to adopt the comprehensive plan policies, pointed out that some of the added amendments were initiated by the Board, and some were initiated through staff to clean up, clarify, and/or update the LDRs. He reviewed the proposed recommendations from the Agriculture Advisory Committee and the proposed recommendations and exceptions from the Planning and Zoning Commission. Director Keating also spoke about short-term lodging in single-family zoning districts; the definition in the County Code of hotel/motel; not currently having a definition of lodging facility (a use that is allowed only in commercial zoning districts); what staff has done over the years regarding 30 -day stays; and the proposal to clarify the definitions in the ordinance. He recommended the Board direct staff to make any necessary changes to the proposed LDRs, and announce their intention to adopt the ordinances at the July 10, 2012, 5:01 p.m. hearing. 1 The Chairman opened the Public Hearing. Glenn Powell, 12845 Bay Street, Roseland, owner of several single family homes and short-term rentals in Sebastian and Roseland, said he had four houses that were charming but did not lend themselves to attracting a good long-term tenant, so over the years he rented them as short-term vacation homes. He provided background, revealed his ongoing monthly costs, and noted that when he purchased the properties, he researched the County Code for single family residences, but it did not address rental terms or time limitations. He thereafter voiced concerns over: i(1) the County Code being silent on short-term rentals, (2) how changing the LDR would affect him, and (3) not being notified of the workshops/meetings that had taken place. He , claimed that the Courts have held that short-term rentals are not a business use. Mr. Powell emphasized that in addition to collecting lodging taxes, he also maintains the properties, and is an asset to his neighborhood; and if there is a code that specifically prohibits short-term rentals, June 19, 2012 10 ATTACHMENT 3 108 people will still continue to rent, but the landlords will not collect the taxes, and it will be a black market rental bu'siness. He relayed that on June 2, 2011, Governor Rick Scott signed a Bill into law that reclassifies a single-family home as a vacation rental, and a local law cannot restrict, prohibit, or regulate the rentals based on the classification use for occupancy. Vice Chairman O'Bryan said that his family has used short-term rentals in the past, and felt they provide a family friendly environment. He believed that most of the people that moved or brought their business to this County visited here first. He asked the County Attorney to review the State Law that Mr. Powell referenced, and provide an opinion before the final meeting, so the Board can take appropriate action. ( Commissioner Davis also revealed that his family uses short-term rentals when traveling. He could only recall two negative complaints in his eight years of being a commissioner. Community Development Director Bob Keating acknowledged that there have not been a lot of complaints, and reiterated that staff is not changing the policy, they are only clarifying it. Chairman Wheeler believed that by clarifying the ordinance, it is in effect, changing it. ICommissioner Davis did not favor changing the ordinance, he wanted time to observe whether there is a real or perceived problem; at this time he believed it to be perceived. Mr. Powell said the people who come for short-term rentals have money, are educated, and seek out what Indian River has to offer. He said there are regulations that can be put into place to take care of the concerns of single-family residences. Attorney Polackwich focused on legal issues and the interpretation of the proposed amendments to the ordinance. He recalled that vacation rentals are defined under Chapter 509 of the Florida Statutes, which also deals with hotels and vacation rentals at the State level, and are June 19, 2012 11 AT TACHMENT 3 109 regulated by the Division of Hotels and Restaurants, Department of Business and Professional Regulations, which is why this situation has been dealt with through the definition of hotellmotel. He said the County Code is gray, and staff's position is that because the ordinance includes "any building," they now want to clarify that "any building" includes single-family residences. Richard Gillmor, Sebastian Councilmember and Congressional candidate, addressed the LDR's regarding vacation rentals. He felt the vacation rental business is self-regulating, and he cautioned the Board not to fix what is not broken. He suggested that staff invite other short-term rental landlords to future workshops. There being no other speakers, the Chairman closed the Public Hearing. MOTION WAS MADE by Commissioner Solari, SECONDED by Commissioner Flescher, to direct staff to remove the proposed changes to the "Hotel/Motel" section of the Land Development Regulations. Discussion ensued among the Board as to how to make the amendment to the Land Development Regulations clearer. MOTION WAS AMENDED by Commissioner Solari, SECONDED by Commissioner Flescher, to allow short- term rentals for less than one month. The Chairman CALLED THE QUESTION and the motion carried. The Board unanimously directed staff to: (1) remove the proposed changes to the "Hotel/Motel" section of the Land Development Regulations; and June 19, 2012 12 aTikCHKENT 3 110 (2) include a sentence that would allow for short-term rentals less than one month at a time. The Commissioners and staff debated the density transition area buffer requirement in the subdivision and site plan ordinance. ON MOTION by Commissioner Solari, SECONDED by Commissioner Davis, the Board unanimously approved to eliminate any Land Development Regulation wording that implements the density transition area requirements of Future Land Use Element (FLUE) Policy 1.48. In conclusion, the Board announced its intention to adopt the final ordinances at the Special Call Meeting, scheduled for July 10, 2012, at 5:01 p.m. 10A PUBLIC DISCUSSIONITEMS-NONE i I10.C. PUBLICNOTICE ITEMS 10.C1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JULY 10, 2012: PELICAN ISLANDAUDUBONSOCIETY'SREQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A COMMUNITY CENTER (QUASI-.JUDICIAL) County Attorney Polackwich read the notice into the record. i 11. I COUNTY ADMINISTRATOR MATTERS II.A. APPEAL OF COMMUNITY DEVELOPMENT DIRECTOR'S DENIAL OF 12 IMPACT FEE REFUND APPLICATIONS SUBMITTED BYIMPACT FEE CONSULTANTS (QUASI-.JUDICIAL) June 19, 2012 13 i I i 3. PLEDGE OF ALLEGIANCE {Commissioner Flescher led the Pledge of Allegiance to the Flag. 4. i PUBLIC ITEMS 4.A. PUBLICHEARINGS 4.A.1. FINAL HEARING: CONSIDERATION OF PROPOSED LDR (LAND I DEVELOPMENT REGULATION)AMENDMENTS (LEGISLATIVE) I PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Planning Director Stan Boling, using a PowerPoint presentation (on file), reported that this is the second and final hearing to consider amendments to various Land Development Regulations (LDRs). He stated that several of the proposed regulations include LDR ai endments that implement the adopted Evaluation and Appraisal Report (EAR) Comprehensive Plan policies; however, the LDR amendments under consideration do not include the Urban Service Boundary buffer initiative or the West Gifford initiative. He reviewed the proposed LDR amendments and pointed out that the proposed revisions would: (1) revise the previously proposed changes to the definition of hotel/motel and add a provision specifically allowing residential dwelling units to be rented out for short-term vacation stays; and (2) delete the previously proposed changes that would implement density transition area Future Land Use Element(FLUE) Policy 1.48. He also noted that the County's LDRs need to be amended to be consistent with the EAR amendments to the Comprehensive Plan, and the other proposed amendments that were initiated by staff, and the Commissioners at the Board of County Comm ision meeting of June 19, 2012. He thereafter summarized the points from an e-mail he received from David Risinger(on file) regarding his objections to short-term stay issues, and the respo Ises from the County Attorney. July 10, 2012 Special Call Meeting 2 ATTACHMSIff 112 i i The Chairman opened the Public Hearing. THE FOLLOWING INDIVIDUALS SUPPORTED SHORT-TERM RENTAL UNITS: Glenn Powell, 12845 Bay Street, Roseland, said he was the"poster child" for short-term vacation rentals; therefore, he provided background and reiterated concerns from when he spoke i at the Aoard of County Commission meeting of June 19, 2012, regarding issues of short-term vacation rentals, individual property rights, the County Code being silent on short-term rental times and limitations, and the role of the government controlling private ownership rights. John Conway, owner of Sebastian Riverfront Resort, and Sebastian Vacation Rentals Bill Waterman, 460 1 Oth Place SW, Oakridge, licensed vacation manager THE FOLLOWING INDIVIDUALS OPPOSED SHORT-TERM RENTAL UNITS: 't I David Hunter, resident of Central Beach, Indian River County Jim Gregg, landlord, lives in gated community Terry Potts, Board Member of Amelia Plantation Property Owners' Association I Beth Casano, 1610 3d Court, Rockridge Property Owners' Association President I Randy Fryar, owner of four properties in Indian River County Susan Aiken, Floralton Beach Subdivision July 10, 2012 Special Call Meeting 3 ATTAC H Mf NT 3 113 Commissioner Davis sought and received details on how to differentiate between legiti late and non-legitimate rental businesses. Commissioner Flescher clarified that legitimate short-term rental businesses are licensed, inspected by the County Health Department, and lodging taxes are collected when the dwellings are rented (7% for State, 4% for County). Community Development Director Bob Keating affirmed for Vice Chairman O'Bryan that Code Enforcement could/would address complaints regarding bad behavior at short-term rentals. Chairman Wheeler expressed that those living in gated communities should address concerns and issues through their Property Owners' Association. He did not want to pass an ordinal ce that would prevent short-term vacation rentals Countywide. Director Boling, in response to Commissioner Davis, disclosed that the existing definition is unclear, and staff's interpretation of the County Ordinance is that to rent for less than 30 days constitutes a hotel/motel usage. Director Keating confirmed that the current code is enforceable, but believed it would be best to{clarify, not change it. i Attorney Polackwich explained why the ordinance is unclear, and why staff reached its conclusion by implication, rather than by a direct sentence in the definition stating that any structire offering a combination of rooms for rent or lease for longer than one month at a time, shall plot be considered a hotel or motel. He made it clear that the definition does not expressly addresIs the question of what happens if a property is rented for less than a month; therefore, staff interp Ieted the provision to mean that if a house is rented for less than one month, it is regarded as a hotel/motel. July 10, 2012 Special Call Meeting 4 i 114 ATTACHMENT � i Chairman Wheeler believed that most of the complaints would have occurred whether the ordinance addressed the situation or not, since those individuals are probably operating illegal rentals. He also emphasized that anytime a citizen suspects that someone is renting without a license, they need to call Code Enforcement. There being no additional speakers, the Chairman closed the Public Hearing. Commissioner Davis favored weekly rentals, observed that the individuals not doing the right thing are causing the problems, and felt that passing a regulation that would not permit short-term rentals would put the law abiding landlords out of business. Commissioner Flescher shared Commissioner Davis's sentiments. He believed that approving the amendments would make things better. He said he would rather see rental houses registered and well maintained, as opposed to those that cannot be rented and left to fall into foreclosure. He concluded that adopting the proposed ordinances would be the best option for all Couny citizens. i { Vice Chairman O'Bryan determined that most issues with short-term rentals were due to a lack hof communication. He believed issues/situations could be resolved if people would be good neighbors, and more proactive. He thanked the speakers for expressing their opinions, and said that if they have any issues, to contact staff or the Commissioners to ensure the property is being rented legally. Commissioner Solari understood the perspectives of both the landlords and the residents of the neighboring properties. He believed the existing mechanisms could deal with the issues, and if the Board prevented people from renting short-term rentals, and made them annual rentals, I it might be just as bad. He wanted the County to continue making people aware of the County Code, local laws, and State mechanisms; therefore he suggested staff research the State mechanisms and develop something in terms of local mechanisms that could be used and readily available to those with complaints. July 10, 2012 Special Call Meeting 5 ATTACHMENT 3 115 i MOTION WAS MADE by Vice Chairman O'Bryan, SECONDED by Commissioner Solari, to adopt the 18 ordinances as proposed by staff. Chairman Wheeler concurred with the other Commissioners' comments and added that many problems in the neighborhoods have not"just been brought to light," but believed they have been going on for years, either illegally or through Code Enforcement violations. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board adopted the following ordinances: I Ordinance 2012-013 concerning amendments to its Land Development Regulations (LDRS); providing for amendments to Chapter 901, Definitions, by amending definitions in alphabetical order in Section 901.03, and by providing for repeal of conflicting provisions; codification; severability; and effective date. Ordinance 2012-014, concerning amendments to its Land 1 Development Regulations (LDRs); providing for amendments to Chapter 902, Administrative Mechanisms, by amending appeals from decisions of the Community Development Director or his designee Section 902.07; and by amending Technical Review Committee Section 902.10; and by providing for repeal of conflicting provisions; codification; severability; and effective date. i July 10, 2012 Special Call Meeting 6 116 ATTAumi {�T 4Y�R INDIAN RIVER COUNTY Q COMMUNITY DEVELOPMENT DEPARTMENT 6 1801 27th Street;Vero Beach FL 32960 #� # 772-226-1237/772-978-1806 fax '`�ORto4. www.iregov.com December 17,2012 i I Ann Cotton 8617 SE Merritt Way JupiteriFL 33458 ' RE: Vacation Rental at 6450 Frances Manor and Indian River County Limitations on Vehicles Parked at Single Family Dwellings Dear Ms.Cotton: I Recently, the state notified county staff that you obtained a state license for a vacation rental at 6450 Frances Manor within the Amelia Plantation subdivision. Staff is contacting you,and has contacted every other vacation rental state license holder in the unincorporated area of the county, to ensure that each license;holder is aware of the county's limitation on vehicles parked at a single-family dwelling. Within the unincorporated area of the county, no more than (three) 3 vehicles may be parked outside of an enclosed area(garage or attached carport). A copy of the pertinent county regulations is attached for your reference. This parking limitation applies to the residence/vacation rental at 6450 Frances Manor. i Staff requests that you ensure that your vacation rental clients are aware of and comply with the county's single family dwelling parking regulations. Also, staff encourages you to contact the Amelia Plantation subdivi;ion property owners association regarding any private restrictions or policies. If you have any questions,please do not hesitate to contact me at(772)226-1235 or sboling@ircgov.com. i Sincerely, Stan Boling,Al Planning Director Attachment: As Stated cc: Board of County Commissioners(via e-mail) Joe Baird,County Administrator(via e-mail) Alan S.Polackwich,Sr.,County Attomey(via e-mail) Robert M. Keating,AICP Roland M. DeBlois,AICP(via e-mail) Kelly Buck(via e-mail) Amelia Plantation P.O.A.(US Mail) FACommunity Development\UserskCurDev\TMs and correspondence\vacationrentalparking\AnnCotton.doc 117 ATTACHMENT 4 901 DIefinition: Unenclosed storage the temporary placement of recreational vehicles, boats, trailers and similar recreational equipment in an open area or accessory structure without walls. For the purposes of this section, recreational vehicles and similar equipment stored in accessory garages or aIched carports shall be considered to be in enclosed areas. 912.17(2)(b) (b) Parking or storage of automobiles. A maximum of three (3) automobiles (not including recreational vehicles) may be parked in an unenclosed area on a single- family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area. The provisions of this section shall not preclude the parking of automobiles by persons visiting a single-family home. i 1 i FACommunity Development\Users\CurDev\TMs and conupondence\vacadommntalpadcing\AnnCotton doc ATTActimm 4 118 4/23n013 DBPR•DUDEK MITCHEU.D;Doing Business As:DUDEK RENTAL,Vacation Rents!•Dwelling 2:48:39 PM 44312015 Licensee Information Name: DUDZI:M ITCH-EIi:D (primary Larne) OUDEY RE€►iTA:(DSA Name) Main Address: 3 ROYAL PALiK POINTE PH County: IRDIAM RIVER License Mailing: 3 ROYAL PALL POINT PIKE VERD B•rACF: FL 32960 County. T9�IOIJ4r�t iL'!fziZ UcelnseLocation: 2400 23 9:S: VERO 3Z;CH- si. 32563 County: IhIDIAN RIVER 'cense Information License Type: Vacation Rental - Dweiiing Rank: Dwelling Llcense Number: DWE4101319 Status: Curmnt,Active Ucensure Date: 04/29/20_4 Expiees: 04/01/2016 spacial Oua"Incaeons QualificaV on We.-tive L'l,Iyle 04/29/2014 IndienRive.—APR 04/29/2014 SIN LE UNIT 34/29/2014 I r I Aitemate names I I ;•i4!_ kItil:: A I �,_�i:r_•il•�tnns��_L.�ii.:.,t,:_,.<<.: :_•1.31_i� .r.:jai(: ... :�.ri :tlr _ _ :=�:c. 13a: Gis!w, :r C�uG:Ct Con sr•8�24;,i,1_73 haps!knew.my4aidWic"e.caM.iceraeDeWl.esp?810=&id-eSBOM23C740835A506DF98D3CMD218 "2 216 5 119 VACATION RENTAL COMPLAINTS Address of Complaint Verify License w/DBPR Date complaint given to DBPR Code Officer Status 1 2125 W Beachside Ln No license __ 7/16/2012_. Rose__ _ --Case-closed-by-the state=— no tate—no license issued 2 1571 Smugglers Cove No license 7/11/12 Vanessa Case closed by the state– no license issued 3 6450 Frances Manor No license sent initial Sent initial contact letter to Kelly License issued contact letter to owners owners 4 3011 Calcutta Dr No license 12/7/2012 Kelly Case closed by the state– no license issued 5 580 Reef Rd No license 12/2/2013 Rose Case closed by the state– no license issued 6 8515 De Havilland Ct No license 2/11/2014 Vanessa Case closed by the state– no license issued 7 2400 23rd St SE No license 3/21/2014 Vanessa Licensed issued 8 12576 AIA No license 4/21/2015 Betty Under state investigation 9 1491 Smugglers Cove No license 4/23/2015 Vanessa Under state investigation 20 '-y 10 13060 Hwy A1A No license 5/22/2015 Betty Under state investigation P4�1 F:/users/kelly/vacationrentals/vaccomplaintchart N O Comparison of Parking Standards for Vacation Rentals (April 2015) Jurisdiction Comments Parking Location Min. # Spaces Max. # Spaces 1. Vero Beach, FL Prohibits vacation rentals in N/A N/A N/A residential districts in lawsuit 2. Fellsmere, FL _No specific-standards-for vacation — --- — --_ rentals 3. Sebastian, FL No specific standards for vacation — — — rentals; no complaints in recent ears 4. Brevard County, FL Allows single family resort No parking along street 1 off-street space per _ dwellings bedroom 5. St. Lucie County, FL Applies parking at lodging use — .71 to 1.29 spaces per — rate occupied room 6. Manatee County, FL No specific standards for vacation Must park in driveway or rentals along street; cannot block driveways or hydrants � 7. Fort Myers Beach, FL 1 space per bedroom or guest room 2C 8. Islamorada, FL Specific standards apply; Park in driveways only; Limited to max # 2C — r"o application for vacation rentals parking over sidewalks or presented in vacation required in right-of-way prohibited rental application 9. Bal Harbor Village, FL Specific standards apply; Park in areas shown in — Limited to max # application for vacation rentals vacation rental application presented in vacation required rental application 10. Duluth, Minn. — _ 1 space per 2 bedrooms _ 11. Coconino, Ariz — _ 1 space per bedroom 12. Douglas County,Nev. Max. occupancy 2 persons per On site and assigned — Limited to max # bedroom plus 4 extra persons per spaces only shown on vacation residence rental application 13. South Lake Tahoe, CA Currently changing regulations. As shown on vacation _ Limited to max # Max. occupancy 2 persons per rental application shown on vacation bedroom plus 4 extra persons per rental application residence �., F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\parkingstandardschart.doc 1 N Comparison of Parking Standards for Vacation Rentals (April 2015) Jurisdiction Comments Parking Location Min. # Spaces Max. # Spaces 14. Sonoma County, CA Max. occupancy 18 persons per On-street parking"may be 1 space per 2 guest _ residence_exc_ept for recognized _ considered"_._ _rooms__ holidays 15. San Luis Obispo Co., _ Limited to garage or CA driveway only Indian River County Comments Parking Location Min. # Spaces Max. # Spaces A. Existing Section 911.15 and right-of- Off-street parking Motels: 1 space per rentable way ordinance regulate parking required for commercial room locations. No vacation rental and multi-family regulations; vacation rental development. In single- Bed& Breakfast: 2 spaces considered same as a residential family areas parking plus one space per rentable unit allowed in right-of-way room but not in required front yard areas Multi-family: 2 spaces per unit r�eb Note: all spaces off-site with landscaping between parking area and street B. Draft Proposal Create definition of"vacation Limited to garage, carport, _ Total number of garage rental" consistent with state and driveway. Over flow and carport spaces plus definition used for licensing parking allowed elsewhere up to 5 spaces in ("transient public lodging on site if screened from designated driveway (one establishment"); create specific view from street and such space per bedroom parking standards for vacation shown on approved not to exceed five rentals in 911.15 administrative approval spaces). Extra site plan "overflow" spaces allowed if screened from view from street and shown on approved administrative approval site plan. �+ F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\parkingstandardschart.doc 2 N N Section� 103.07. Code eriforce►nent citation procedures—Genem.l. (1) These procedures are enacted pursuant to F.S. §162.21. (2) Citation authorization; application. A code enforcement officer so designated by the county is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed-a civil infraction in violation of a duly enacted county code or ordinance; the county court will hear the charge. Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code officer to the provisions of F.S. §§943.085 through 943.255. (3) Not►ficl tion prior to citation issuance; procedures. (a) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than thirty (30) days. If, upon personal Investigation, a code enforcement officer finds that the person has not corrected the violation within the time period,the code enforcement officer may issue a citation to the person who has committed the violation.A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may Immediately issue a citation if the code enforcement officer has reason to(believe that the violation presents a serious threat to the public health,safety or welfare,or if the violation is irreparable or irreversible.!Hl Notwithstanding the preceding paragraph (103.07(3)(a)), the board of county commissioners shall adopt, by resolution, a schedule of violations and penalties to be assessed by code enforcement officers,including standard notification time periods for specific types of violations, sail time periods not exceeding thirty(30)days. (b) A citation issued by a code enforcement officer shall be In a form prescribed by the county and shall contain: 1. The date and time of issuance. 2. The name and address of the person to whom the citation is issued. 3. The date and time the civil infraction was committed. 4. The facts constituting reasonable cause. 5. The number of the section of the code or ordinance violated. 6. The name and authority of the code enforcement officer. 7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation. 8. ; The applicable civil penalty if the person elects to contest the citation. 9. The applicable civil penalty if the person elects not to contest the citation. 10. A conspicuous statement that If the person falls to pay the civil penalty within the time allowed,or fails to appear in court to contest the citation,he shall be deemed to have waived ATTACHMENT 123 his right to contest the citation and that, in such case,judgment maybe entered against the person for an amount up to the maximum civil penalty. 11. A statement to read as follow: I hereby elect to waive my right to a court hearing and in lieu thereof select to have my case heard by the Indian River County Code Enforcement Board or designated special master. I understand that the decision of the code enforcement board or designated special master shall be final and binding on me. (signature). (4) After issuing a citation to an alleged violator, a code enforcement officer shall deposit the original citation and one copy of the citation with the county court,unless the alleged violator elects to appear before the code enforcement board or designated special master in which case the citation and copy shall be deposited with the secretary of the code enforcement board. (5) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082, 775.083. (6) The provisions of this section shall not apply to the enforcement of building codes adopted pursuant to F.S.+§ 553.73, as they apply to construction, provided that a building permit Is either not required or has been issued by the county. (7) The provisions of this section are an additional and supplemental means of enforcing county codes and ordinances; nothing contained in this section shall prohibit the county from enforcing its codes or ordinances by any other means. (Ord. No.92-9, § 1,4-21-92) I MAC I HMEN 124 Commission office. He recommended the board move forwar' d on approving the . I pP 9 rezoning request. I The Applicant, Bruce Barkett, waive&his presentation and explained that the application is consistent with the approved site plan. ON MOTION BY Dr. Day, SECONDED BY Ms. Caldarone,Ahe members voted unanimously (6-0) to appro the recommendation for rezoning with the nditions set forth in-the staffs recommendation to the Board of County Commissioners. Chairman Polackwich read the following into the record: B. Consideration of Proposed Parking Regulations for Vacation Rentals (`,Ordinance 1"); Amending Land Development Regulations Chapters 901 (Definitions), 911 (Zoning), and 912 (Single-Family Development) [Legislative] Mr. Boling presented a PowerPoint presentation, a copy of which is on file in the Commission office. He discussed the fact that in 2011, the State pre- empted)local government regulations regarding vacation rentals and the Board of County Commissioners adopted a code change in 2012 specifying that vacation rentals are treated the same as conventional residences. Since that time, Code Enforcement has received several complaints regarding parking and the BCC directed staff to initiate the adoption process for special parking regulations for vacatio+ rentals. In addition, a Short Term Vacation Rental Advisory Committee was estIablished in July 2015. Mr. Boling went on to review Proposed Ordinance #1 , clarifying that it does not change existing parking allowances for conventional residences. For vacation rentals,) parking would be limited to the number of carport/garage spaces plus one space per bedroom, not to exceed five spaces outside. For rentals with no carport/garage, parking would be limited to two spaces plus one space per bedroom, not to exceed five spaces outside. There was also a provision for "excess spaces" for larger parcels. He pointed out some of the concerns from "interested parties" thus far. Chairman Polackwich voiced his concern with the ordinance regarding the definition of "vacation rental", particularly when the homeowner also lives in the residence. The homeowner wouldn't have the same parking privileges as his neighbor whenever he's living in his home. PZC/Approved 5 August 13, 2015 125 ATTACH UNIT Glen Powell, who operates four vacation rentals in Roseland, conveyed his belief that 99.9% of vacation rental landlords do the right thing but the other 0.1% are the Iproblem. He believes that if Ordinance 2 (prohibiting commercial events at residences) is passed, it will take care of Ordinance 1 . He went on to point out that bad behavior is not limited to vacation home rentals; homeowners often exhibit bad behavior as well and there's nothing in the county ordinance that deals with that. Perhaps there should be code limiting number of cars in front of a residence regardless of whether it is a vacation rental or not. Carol Lewis real estate broker in Indian River County since 1975, spoke in favor of vacation rental parking and commercial use restrictions. She contended that the majority of vacation rental owners are unlicensed. Her neighborhood, Angler's Cove, is a mix of vacation rentals and residences which she believes is problematic. Ir. Tom Gilman spoke in favor of rental parking and commercial use P P 9 restrictions. He asserted that there are times he can't even get into his driveway due to all the cars parked at the nearby vacation rental. He believes that his home value has decreased dramatically due to this problem as well. George Lamborn, President of the South Beach Property Owners Association thanked the Board for the work they've put in regarding this problem that they inherited but believes that there is not enough police force to enforce this Ordinance. He believes that they should keep things simple and easy to enforce. Dlr. ConwayMiles Conwa lives on South A1A and supports the Ordinance with the exception of the second part which allows a person to apply for additional parking with a Type C buffer as he contends that this could allow too many vehicles at a residence. Nat Mortese of Vero Beach spoke in support of the Ordinance except that he believes it is unenforceable. He believes that as short term rentals bring revenue, to the county, an enforceable way to solve this problem must be found. Steven Geezler, a Stuart attorney, P spoke of his experience in short term rental litigations. He commended the board for attempting to tackle this case and believes that dealing with behavior is the answer, despite whether the people are vacation renters or homeowners. Mr. Emmons stated that he didn't see the merit in the exception for excess daytime parking spaces and questioned enforceability as well. PZC/Approved 6 9 August 13, 2015 126 ATTAGHMUff Chairman Polackwich discussed the fact that this is a unique issue in that we're talking about what amounts to a commercial activity in a residential neighborhood. Normally zoning would take care of this but the situation is that the State has put us in the position of having to deal with the problem. He stated that he I would vote against the Ordinance because he feels that it should only apply during rperiods of rental. Mr. Stewart pointed out that perhaps there should be a Sunset Clause in the ordinance so that if a residence does not rent for a certain period of time, there should be a way to stop it from being classified as a rental. 4 Mr. Boling discussed the possibility of setting up "seasonal" licenses. ON MOTION BY Mr. Emmons, SECONDED BY Dr. Day, the members voted (5-1) with Chairman Polackwich dissenting, to approve Ordinance 1 as presented with striking out the .excess parking exception allowance in the staffs recommendation to the Board of County Commissioners. Chairman Polackwich read the following into the record: C. Consideration of Proposed Prohibition of Commercial Events at--Single- Family Residences ("Ordinance 2") [Legislative] / Mr. DeBraal explained the logic of the Ordinance 21hat would prohibit a single-family residence being rented out as a s -for a commercial event. It would not affect activities such as private parties by the homeowner. Moreover, temporary use permits could be applied for on a case by case basis, especially on large (agricultural) parcels. I D,r. Miles Conway aged the board to pass this' Ordinance, not only because it's good for the neighborhood, but also for the environment, due to the sea turtles on the beach where many weddings are held. Nlat Mortese voiced concern about events being held on large acreages andMrl eBraal responded that he could apply for temporary use permits as ne ed� Mr. Mortese argued that by limiting activities at venues such as these creages, the county loses revenue in the form of tourist taxes and jobs. August 13, 2015 PZC/Approved 7 9 127 ATTACHelfW 9 ORDINANCE 2015- PROPOSED ORDINANCE 1 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE- FAMILY I DEVELOPMENT; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "VACATION RENTAL"; BY AMENDING GENERAL PROVISIONS SECTION 911.15(4), PARKING OR STORAGE OF VEHICLES; AND BY AMENDING SINGLE-FAMILY DEVELOPMENT SECTION 912.17(2), PARKING OR STORAGE OF VEHICLES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 912, SINGLE-FAMILY DEVELOPMENT, BE AMENDED AS FOLLOWS: SECTIONI#1: Amend Ll R Section 901.03, To Establish a Definition of"Vacation rental"; as follows: Vacation rental: any residential dwelling which is rented or leased more than three times in a calendar year to a tenant, individual, group of individuals, or party for a period of less than 30 days, or which is advertised or held out to the public as a dwelling which may be regularly rented or leased for a period of less than 30 days. SECTION I#2: Amend LDR General Provisions Section 911.15(4), on Parking or storage of vehicles, as follows: (4) Parking or storage of vehicles. i (a) Parking or storage of junk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties. (b) Parking or storage of automobiles. A Except as provided in sub-sections 1.—4. below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked ��� �� • "�" lased are outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The 'limitations on the number of automobiles parked outside of a carport or garage if this seeti shall not preclude the parking of automobiles by persons visiting a single family home. Bold Underline: Additions to Ordinance 1 StfikethreUg#: Deleted Text from Existing Ordinance 128 F•\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc ATTACRUViff 1 f) ORDINANCE 2015- PROPOSED ORDINANCE 1 1. For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. , Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 2. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required i yard area. 3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of-wav except within a designated and improved or stabilized driveway. 4. For all vacation rentals, the number of automobiles parked outside of a carport or garage may exceed the limitations and maximum set forth above if the excess parking spaces are provided on the single-family lot outside of required setback areas, are visually screened from view from any adiacent public or private street by a Type "C" buffer with 6' opaque feature, and are not occupied by I automobiles from 10 pm to 8 am. In addition, prior to use of any excess parking spaces, the vacation rental owner shall apply for and obtain approval from the planning division of an administrative approval site plan depicting each excess parking space and demonstrating compliance with these regulations and standards applied by Traffic Engineering and Fire Prevention. SECTION#3: 1 Amend LDR Single-Family Development Section 912.17(2), on Parking or storage of vehicles, as follows: t (2) Parking or storage of vehicles. 1 (a) ?Parking or storage of junk vehicles. No junk vehicle shall be parked, and no motor vehicle frame, vehicle body, or vehicle body part shall be stored on residentially zoned or used property unless expressly permitted by this chapter, except when parked or stored in a completely enclosed garage or building. In any agricultural district, one such vehicle is permitted in the rear yard, completely screened from view of neighboring homes and properties. (b) Parking or storage of automobiles. A Except as provided in sub-sections 1.—4. below, a maximum of three (3) automobiles (not including recreational vehicles) may be parked in an enelesea are outside of a carport or garage on a single-family zoned lot. However, one additional vehicle for each licensed driver permanently residing at the premises may be parked on the lot. No automobile may be parked or stored in any required yard area except in a designated and improved or stabilized driveway. The Bold Underline: Additions to Ordinance 2 Svike through: Deleted Text from Existing Ordinance 129 F-\Community Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-15.doc ORDINANCE 2015- PROPOSED ORDINANCE 1 limitations on the number of automobiles parked outside of a carport and garage )f this seeti ., shall not preclude the parking of automobiles by persons* visiting a single-family home. 1. For a vacation rental that has a carport or garage, the number of automobiles that may be parked outside of a carport or garage shall be limited to one automobile per bedroom not to exceed a total of five (5) automobiles parked outside the carport or garage. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway i and not within any required yard area. 12. For a vacation rental that has no carport or garage, the total number of automobiles parked shall be limited to two automobiles plus one automobile per bedroom not to exceed a total of five (5) automobiles parked on site. Automobiles parked outside of a carport or garage shall be parked within a designated and improved or stabilized driveway and not within any required yard area. 3. For all vacation rentals, all automobiles except for service and delivery vehicles shall be parked on-site and shall not be parked within a road right-of-way except within a designated and improved or stabilized driveway. I4. For all vacation rentals, the number of automobiles parked outside of a carport II or garage may exceed the limitations and maximum set forth above if the excess parking spaces are provided on the single-family lot outside of required setback areas, are visually screened from view from any adjacent public or private street by a Type "C" buffer with 6' opaque feature, and are not occupied by automobiles from 10 = to 8 am. In addition, prior to use of any excess parking spaces, the vacation rental owner shall apply for and obtain approval from the planning division of an administrative approval site plan depicting each excess parking space and demonstrating compliance with these regulations and standards applied by Traffic Engineering and Fire Prevention. SECTION 1#4: SEVERABILITY If any clause,ssection or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid asif such invalid portion thereof had not been incorporated therein. SECTION,#5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Iridian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION 46: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or Bold Underline! Additions to Ordinance 3 Strike E#reug}r: Deleted Text from Existing Ordinance 130 F•\Community I Rentals\BCC9-22-15.doc ORDINANCE 2015- PROPOSED ORDINANCE 1 relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION`S#7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordi lance was advertised in the Press-Journal on the day of 2015, for a public heanng to be held on the day of , 2015, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari i Commissioner Joseph E. Flescher CCommissioner Tim Zorc Commissioner Peter D. O,Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2015. BY: Wesley S. Davis, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY YA I' �I'Dylan Reingo d, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, A10; Cpmmunity Development Director Bold Underline: Additions to Ordinance 4 Deleted Text from Existing Ordinance 131 FACommunity Development\CurDev\Ordinances\20150rdinances\Vacation Rentals\BCC9-22-I S.doc I 1©- A . �. Parking egu ations for Vacation Rentals [ Public Hearing] October 13, 2015 Board of County Commission [Continued Hearing from September 22 and October 6, 2015] Proposed Ordinance • Clarifies but does not change existing allowances for conventional residences • Establishes definition of "vacation rental": follows state definition for any residential unit offered for rent, or rented- out for less than 30 days more than three times in a calendar year. 10/15/2015 • Establishes separate and more stringent parking regulations for vacation rentals compared to allowances for conventional 'residences. i Justification: frequency and potential for excess parking observed locally and in other jurisdictions for vacation rentals. —Accommodate but limit; address visual/residential i character impacts by limiting number of cars parked outside of garages and carports, parking space location, special buffer and hours of operation limits for overflow excess spaces. Vacation Rentals •;Parking Locations: garage/carport, idesignated and improved or stabilized driveway, not in required setbacks, not Along street (in right-of-way) —Exemption for service and delivery vehicles (could include owner/manager visits for inspection and management activities) 131•x{•2 10/15/2015 1 Vacation Rentals 1,. Unit with Carport/Garage: carport/garage space + 1 space per bedroom not to exceed 5 spaces outside f EIA: 3 bdr/2 car garage: 5 spaces (inside plus outside) 6 bdr/2 car garage: 7 spaces (inside plus outside) 2. Unit with No Carport/Garage: 2 spaces + 1 space per bedroom not to exceed 5 spaces outside I EX: 1 bdr: 3 spaces (outside) 3 bdr: 5 spaces (outside) 3 10/15/2015 3. Excess Spaces: allowed if site plan approved, if meets Traffic and Fire Prevention standards, and if provision of 15' — 20' wide Type C Buffer with 6' opaque feature between spaces and adjacent street [currently no cap; could place cap] —Not occupied from 10 pm to 8 am —Accommodates overflow of cars during day and evening while addressing aesthetic character of residential neighborhood NOTE: PZC voted 5-1 that BCC approved ordinance WITHOUT this excess spaces provision i Summary of Public Comments to Date • Good and reasonable as proposed • Parking encroachment on street/front yard real world problem • Agree with PZC: don't allow excess spaces •!Some on-road or grass parking needed in some cases Don't allow units to switch back and forth between vacation rental, conventional rental, owner occupied •; Controlling events and parking will control over-crowding 131.-1. 4 1 10/15/2015 Staff Recommendation That the BCC adopt parking regulations for vacation rentals, as proposed by staff. I l 3o-A 5 OCCUPANCY 1D.A. 1. 'MAINTENANCE CODE ORD. ,_ _ _ _ :�� ��- µ. Vi—•.- . o.. s ,_ INSPECTOR: ) i DATE OWNER ADDRESS , t f �£z I l.. EXTERIOR SANITATION Sump pumps can not drain into sewer Grading&drainage no standing water All utilities must be operable _:. Driveways to be defined, maintained Windowless bathrms. Req exhaust fans ' Sidewalks no tri in hazards,_ All bedrms..Require min. 2 outlets _pp g Infestation of insects.o�rodents Bedrooms Occupancy, - Siding&roofing damaged or missing 60 sq.ft. ('1)Occupant <. Pant> .eelin or-bare:Wood,metal 80 sq.ft. 2 Occupants p g /.. q P ,a Windows operable,not broken 120 sq.ft. (3)Occupants _ • Window screens no holes or tears 150 sq.ft. 4)Occupants House.address numbers 4" high Sleeping rms.Shall not constitute the Handrails 4 or more risers graspable only means of access to other sleeping Guard rails gaps no more than S" rooms or habitable spaces Foundation no structural damage Beds are NOT permitted in Kit/Lv.Areas Tall grass and weeds Bedrm.Doors must be mijj.28"w 6'-6"ht Sanitary Sewer caps on clean outs Bedrm. Egress window sill ht max 44"ht. mushroom type:&_elbows vents 3'ht Bedrm. Egress window.min.opening Water meter reader mounted exterior min.ht.24"&width 20"or greater Gas meters along driveway protected Living space above the garage,garage Maintain exterior property ceiling must have min.S/8"fire code • INTERIOR must be clean sheetrock,all penetrations ceiling& Smoke/carbon det.On all.floors walls must be fire rated caulk K'ttchen:stoves must be tip:proof Decks and Porches structurally sound GFI outlets in all Wet:areas'je;Kit,bath I Basements/Attics clean no debris Fire Ext.mountedwittim TO of kit. Flue.pipes for Heat/water heater must 1016s or iess::2A:108:C with:hose _' be properlyvented_to.outside .- Sinks&vanities free of cracks Bedrm..Eg,- window or door blocked All Plumbing Fzt.In working order Item Comments hot/cold water, no leaks no dripping Broken cabinets or vanities Water stains on walls or ceiling j Broken doors and working knobs • ( Broken or torn furniture ( Rotting floorstorn or stained carpet ( Mattresses must be clean¬ torn Interior walls provide paint if needed Water heater relief valve aim towards ground to within 6" Dryers vented to exterior Extension cords or wiring exposed and tripping hazards Liehtine fixtures elobes in place �` i Indian River County Board of Commissioners Walter H. Forman, MD 1801 27th St 2440 23RD ST SE ® Vero Beach, FL 32960. Vero Beach, FL 32963. BY HAND October 1, 2015. i Daily Rental Ordinances I Dear Sirs: I person ally attended your Board meeting on September 22, 2015 and waited in the audience for an opportunity to address you on the Daily Rental Ordinances you were debating. Unfortunately, I had an office full of patients to attend to and could not wait any longer. For the same reason I am unable to addressiyou in person at your meeting of October 6, 2015. 1 have thus provided this letter to Dr.Thomas Gillman"to read into the record at the meeting. I have lived at the above address, a 0.7 acre property in unincorporated Indian River County since 1978. During this period of 37 years my family and our neighbors to the south have enjoyed a quiet and peaceful oceanfront lifestyle. Even during the destructive and stressful Hurricane periods our neighborhood through the hard work,care,consideration and help of our neighbors of 17 and 22 years respectively were able to restore our quiet and peaceful quality of life very quickly. This quiet and peaceful existence that endured for 34 years and numerous Hurricanes changed for the worse when in 2012, you allowed commercial daily rental businesses to operate at our residence front doors. Specifically, a 0.3 acre property boarding groups of over 16 people of unknown origin arriving in 10,12 and even 18 cars and trucks for short periods of time has removed the pristine peace and tranquility ® of the adjoining 3.2 acre properties. In other words a rental business occupying 9%of the property area has negatively impacted the quality of life and value of 91%of the adjoining properties over the last three years. Words written on a piece of paper cannot convey noise,garbage stench,trespassing, commercial parking lots, parties, reunions and general social abuse from these types of unregulated businesses. You have to personally experience the affront of these businesses to properly understand and feel the distress of your constit lents by having one of these businesses operating on the front door step of your residences. With this in mind, the message I would like delivered to you, is the Event Ordinance you recently passed will amount to nothing without the steel of the Proposed Parking Ordinance backing it up. 10 cars parked on the lawn of a 0.3 acre property with 18 strangers claiming to be on "vacation and enjoying a football barbecue"has the same disruptive effect as a "Wedding or Family Reunion". You control the car influx, you control the disruptive stranger influx and their parties irrespective of how they describe the event In conclusion, please follow the sound advice of your own Planning and Zoning Commission who rejected both Part 4 of the Proposed Ordinance and the suggestion the Business Parking restriction should be set aside when the owner sleeps at the house for a week in each year.Your Planning and Zoning Commission saw through this ploy of undermining the annual State Business Dwelling license and so should you. i Should you follow the advice of your own Planning and Zoning Commission by implementing their version of the harking Ordinance and enforcing the Event Ordinance, you will not have cured the problems of 2012 but will certainly have provided some small measure of relief. ® Yours Sincerely, Walter H. Forman, MD. t31 - G -I Io. A , carolbuffum@att.net CAROL LEWFS'40-rTUM Licensed Real Es6ie Broker F71-11 1965 Anglers Cove September 21, 2015 Vero Beach, FL 32963 LJ Tel 772-231-0343 Fa,- 772-231-5533 Ce11. 772-63374279 TO: INDIAN RIVER COUNTY-COMMISSIONERS Gent lemen: Please be advised that there are many objections and complaints I. associated with the problem of Vacation Rentals on the Barrier Island. I With the current lack of ordinances and restrictions, the vacation rental problem has mushroomed to make single family residential living very problematic. It is virtually destroying the way of life which we have enjoyed as single family property owners. Daily, weekly and monthly rentals have invaded . our previously enjoyed single family neighborhoods. The county restriction of one single, relat'ed family occupants has never been enforced. Persons of I unrelated I status of 8, 10 or more occupants are found in the vacation rental homes. No enforcement exists. Trash stays out in the road for several days waiting for the next pickup when the renters move:out. They also leave trash, beer cans and cigarette butts on the beach and on the walkways to the beach. Some monitoring is needed to enforce landlords to obtain the State i - License for vacation rentals. Many do not report the tourist tax which is required for transient rentals. I Section 4 of the proposed parking ordinance should be deleted. This is extremely ambiguous and will not produce the intended results. Who ® is to police the 10 PM to 8 AM restriction? This puts an unnecessary burden on the adjoining single family residential property owner. A vacation rental property is a commercial/business enterprise and should not be relegated to single family status at the-owner's whim. How can you condone a business for profit in a single family zoned residential area? It is classified as one or the other and commercial development should not be allowed adjacent to single family residences. I am appalled at the makeup of the advisory committee, which apparently consists of real estate professionals who have a monetary interest in the rental properties and other owners of vacation rental properties who stand to gain financially from the ordinance. I have been a Real Estate Broker in Indian River County for forty years and aIbhor the greediness associated with the commissions derived from vacation rentals. The well being of our unique community and of the residents thereof should be our prime consideration. YouJ very truly, Carol Lewis Buffum, 1965 Anglers Cove, Vero Beach, FL 32963 Tel: 7172-231-0343 i > O V O c GJ O C � ,� H f0 L Q - UJ c 72 -C Ua-I O VA ego, GJ 'p M +' m a m W, m. m u a M oa $� u OJ U '0 CU Ma E _ cn m u. v O N W N O Q V1 ri O a-1 Ln O I� c1 to Y Fn LnC�0 N a--1 ami .--1 � N ® 3 r+ N m � Ln tD N 00 Qi i`i' i ATTACH 13 1 -C ' 3 l ORDINANCE 2015- PROPOSED ORDINANCE I ® ' IMmitatanns.on the number of automobiles parked outside of a car!0_Y1 un�arajLe of this Ge shall not preclude the parking of automobiles by persons visiting a single-family home. L —Fora vacation.rental that.has i�at r a b—parks, ed outside o a ca=m,mr &ret& -11 be ftfted to one automebile aer kedroona not to exceed a total of fcv antoin. biles Erked i outside dl�E cMEYdrl of re �AUMMobiles _bathedautstde-of, ef?tncort or gree stsal9.be n� dc '.witkira :fed an&1M b�v_ed orstn ii sarive✓a aad`not v�sthin *__Y 2. jiiofis?d$eatioi rentel'that_has-no moors ©X_gam t e 70__;x] nu leer of aufi�o�iil�;arlded sliai!_lie_Iic�i► ?��;,�o =4ancb�es .0to�ves wire¢g.'_.- qt t� exceed.aka! of gave .1 n t�Wig -park onsite. A ut®a�Qbiies e,yQrlced outsade of s?i :;amort Qin �2a�zshai !be narked a Desi tea_ d iffia7ccvedt-or-s n _ i_u: mwv av sired.,uot wri�`Pt a r�rui ed IMUSAL 3. Ee cnlion :entais,nilnuto�ob�les ecce t for serviceand,oMelriezv vehicles shall . e�arl{ed oa-s=cte stid�sh I! sot be _Ar kiti,i a_d�s t-off-WE. , else witla�n �.aiated end i�:t>:coved or ffitabQlidrivew�; 4. barx91 vacatisn res --.Jbe namiDer of actornobiles Rarked outside of a cae3nQrt ® o=.leasee:lvaev exceed the Hesitations grid enaxhmaa i set forth abovea a ces8 s__ provided on the single-fs®ii��•cot o�t�ido o, a back auras. are'.virnelly, sc,~ MpA_froom view-from a.kv aciiaeent Rub is or private stre6t by a. TWe"C99�b�er with 61 d save=feature, nud are mot ------.*ed b autoueabiles loan 10ae�to g, gn� addition;°briar t-o-use of an excess rear j s ku, tgre E�acetio�n te➢ o�vvne- shnl� at?oly-far mtsd obtain a nravaI from- the 21—nnntend£vision of an adnsilkirative ap�rov-�site plan deericting..each excess ar�I ?g„ act' and. demonstrating coMp_hance with •these� ations -and s8andards a l lied tib- ag ie.En ee_ring and`Fire tion. a1ECTIvR#4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutiouai or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and- be as valid as if such invalid portion.thereof had not been incorporated therein. SECTIM#5: 1UPEALL OF CONT LICT&G ORDIN_ CES I The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the prcvisibns of this Ordi_nan;e are repealed to the extent of such inconsistency or conflict. SECTION46: INCLUSIONIN THE CODE OF LAWS AND ORDINANCES ® The provisions of this Ordinance shall become and be :rade a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the'Ordinance may be renumbered or P-ARW LIi6deriiae: Additiom s to Ordinance 3 Sia Deleted Text frog Existing Ordinance F1Camrt:cnityDevetopf=WurDevW dinancesl20150rdinances\Va=ionRentalsl M-22-I3.doc 2 .� i 10/12/2015 IMG_5173.JPG AA I D. J`t _ i . { e M4 k ' 4 � @.��� o. 7G?a.•il, '.,£.� - y.4!'v "J R' �"-``�'h' ¢y:va - �b^ a 3.A•".`�•^'. _ `G': ``tt4-Y• -"t _ � � -- - S,Y- - - �t :S�'-!ic - •:�^ - y�y�,.ry:• _ %°YY.v,.S-�..'-`) (`•_ 1 { 1 httpsl/mail.google-com/_/scs/mail-staticL fis/k=gmaii.mai n.en.xfAJ2j 1 am Q.O/m=m_i,Littam=PiPeSM D8v_cH sG4QoF36QIW999_vU L87M Pj_cmgGSvAP5v. . 1/1 i FDOT Right of Way Subject:FDOT Right of Way From:"Brege,Paul"<Paul.Brege@dot.state.fl.us> ® Date:Mon,3 Aug 2015 13.32:39+0000 To:"mconway@fcast.com"<mconway@fcast.com> Hello Mr. Conway; Just thought I would send you this information.The other concern is that FDOT has the jurisdiction of AlA and what takes on that highway,one thing that the De,•artment will not allow isthe FDOT R,i .ht of Wa ,o be utilized as a •arkin®lot. Thanks Paul Brege maintenance Manager/Permits Office(772)429-4923 Cell (772) 216-4263 E-Mail paul.brege@dot.state.fl.us F Content-Description: SKM 364e15080308.440.pdf SKM_364e15080308440.pdf Content-Type: application/pdf g; Content-Encoding: base64 - I ' I - I ► 31 - F -) I of 1 10/12/2015 9:26 AM a question for y� �ailbox:///Cl/Users/FCI-Conway/AppData/Roaming/Thunderbird/Profiles/9e9h.dcfault/Ma... Subject: a question for you From: Grail Date: Thu, 24 Sep 2015 11 :27: 19 -0400 To: mconway@fcast.com Miles, At last we have something from the council. It is just a beginning. There are so many people here on who hate these short term rentals but they remain sle What is- your opinion about contacting a local .sign company to make attractive ,lawn signs that we can buy and put in our lawns saying something like "We hate short term rentals"? The wording would have to be acceptable to'cocode enforcemen i suppose. There could be dozens on lawns just in my area. hen t e co Ili ty M%ha 9@9 : sttro ge • M@Mp : bout how w'd@s PMd the op � osNoM best 1 of 1 10/12/2015 1 1.16 AM ib A• 1 - Florida Department-f Office of the General Counsel Business William N.Spic ola,General Counsel 1940 North Monroe street Professional Tallahassee,Florida 32399-2201 Regulation Phone:850.488.0053 •Fax:850.922.1278 ®� Ken Lawson,Secretary Rick Scott,Governor August 28, 2015 The Honorable Debbie Mayfield 1053 20th Place Vero Beach, Florida 32960-5359 Dear Representative Mayfield: Thank you for your inquiry. You asked whether a vacation rental unit must meet the requirements of the license while the owner is residing in the unit. As provided in s. 509.041(1), F.S., vacation rental licenses are annual licenses. Once the license is issued, the unit is a vacation rental until the license is relinquished or revoked. Therefore, a vacation rental unit must comply with all requirements of the Department of Business and Professional Regulation vacation rental license during the entire term of the license. _ Since I Michael Martinez Deputy General Counsel Department of Business and Professional Regulation MM/md cc: Ken Lawson, Secretary Diann Worzalla, Director Dan Olson, Director LICENSE EFFICIENTLY. REGULATE FAIRLY WWW.MYFLORIDALICENSE.COM i October 12, 415 To: Indian River 'County Commissioners From: George D.F. Lamborn, President South Beach Property Owners i Dear Commissioners, I have listened carefully to 'the serious complaints of -my const Beach. Some of whom I believe have written to you and they have uncertain terms the damage incurred to -them and their neighbors., b -Board of County Commissioners decision of allowing :short term "rental in residential neighborhoods. *While I don't have the legal -authority the and ,at least mitigate your past mistakes; I do as President of the- SI obligation to 'try and improve at least the conditions. affecting the resi, suffering and help restore their quality of life they have enjoyed for j residents and the many more to .come need your help but have not It is easy to say `what difference do short term rentals make makes a hell of a difference to me and especially, to all the South E currently not yet affected. Turning our badks .on what has taken pia, i ' and Fort Lauderdale _proyes -that those of us with protective -associatic .proof from short terni rental despite what our .leaders say. If -you he subjected -to -all of- the effects of short -term rentals it is easy to ignc they can cause to many South Beach home :owners in the- near futu houses full of .strangers, unsightly and unpleasant garbage smells and z 13�-H-1 i From: Leona Allen [mailto:LAllen@clerk.indian-river.org] Sent: Monday,October 19, 2015 2:48 PM To: Carter S. D.Taylor<carter@eriholdings.com> Subject: FW: Board of County Commission meeting September 22, 2015 Hello Mr.Taylor, You had provided me a letter from Mr. Lamborn,that you read at the September 22, 2015 BCC meeting. You also read a letter from Mr. Lamborn, dated October 12th, at the October 13th BCC meeting,do you want me to have a copy of that letter for the record? If so, please forward it. Thanks. i Leona From: Carter S. D. Taylor [mailto:ctaylor0De-r-i.us] Sent: Thursday,October 08, 2015 1:06 PM To: Tina Cournoyer' Cc: Leona Allen; 'George Lamborn' Subject: RE: Board of County Commission meeting September 22, 2015 Tina, Leona, Thank you for your inquires. Below, please find a copy of the letter from George Lamborn, President of The South Beach Property Owners' Association, Inc., dated September 20, 2015 . As you note, I read this letter into the record at the September 22, 2015 meeting to the Board of County Commissioners at the request of Mr. Lamborn, who was unable to personally attend. Kind regards, Carter Carter S. D.Taylor 2235 Silver Sands Ct. Vero Beach, FL 32963 i 3 i September 6. ?015 To: ilidian Rivei C:ount� Coibiuissioiiers Se tei fiber 22nd 2Ol_5 in Vero-Beach From: Iaeoree D.F. Lamborn; President South Beach Property-O,,vners Association. I Iain very disappointed"I ce With you County'Coiluiiissioneery iii s today-' order address yoti all personally regardlni short teiill'relltal�. These Short telYll i'elltalS are b'allooi spreading the negative effects that,they are having on the majority of.your constituencies' a Beach and otli'er.property oti ner ireas. At the last PZC meeting I attended in.Vero Beach, progre.ss.il-as,made n-ith the appr prkiiia restriction regulation excluduig iteui_Four. Hoti�%tier. if the Colnniissioll reverses tt the: PZC oii iteiii Foci, are U cl:-%vlieie ii-e st e ed—hoteliuotel pai'kulg lots next-to resit four iiiust'be elisuiilated in its entirety to make proper progress on controllilig°disllil�tice pa It appears to me and my sissociates to be rely clear that in fact nothing to help our � propedy'own' ers aiid others.affeeted by'tliesz-slioi�t term:ren' tals will be ac--complished for of imontlis at least because you commissioners voted toappio�=e .the Solani cc�ituuittee. Tills committee has been'sta kect-with representatives-who leave little or no knowledge_-ext interest in-cointiolling these short terili-rentals. The South Beac-h Property.Owners Associati repeatedly eoiliplained.to the C•omnilsslon of the %effect of-illegal parkiiig_ '?4-hour-noise, s unsightly garbage, health problems, fire problems; thefts, and disturbances of the peace. Ui there you caiiilot ilna+?uiz N rhcqt. a-loess can be created Ni iih a'-short term-relifal. Atxjiile back we sent all of yotl coliumssioners a study of the.Monr6q Countysoliii have not had any response from you amid-\Mould appreciate it if you would dig out our prop( respond to it or-tell u' s`you-are not ¢ouia to take it into eoiisiderM'6i. -iii conelu:siol . iIi the short feria_ it appeai s that there is Dilly Dime remedy that will so term rentals that. affect South Beach. that is, to become annexed to the-city of Vero Beach. R uld coiTecryour pasit'lliistake quickly. Your comnusslon ,N ill not be able to..soN=e otir pI year:I r•lnore A there appears to be_too illany_petwhal coilfllcts-.ci nter!est or we would hay -progress already: Thank you.Any written suggestions fY'om you commissioners -,would be more than c by time-South Beach Property Owners Assoclatlon: Sincerely. 4 1 31 -H -3 i From:Tina Cournoyer [mailto:tcournover@ircgov.com] Sent:Thursday, October 08, 2015 10:53 AM To: 'Carter Taylor'<ctaylor@e-r-i.us> Cc: Leona Allen<LAllen@clerk.indian-river.org> Subject: Board oIf County Commission meeting September 22, 2015 Good morning Mr.Taylor, Ms. Leona Allen from the Clerk to the Board had left you a couple of phone messages; I have the same request as her and thought I would try to reach you via email. We ask that you would please submit a copy of the letter you read at the September 22, 2015 BCC meeting into the record documents we keep here. If you could email it in a reply,that would be great. Thank you in advance for your efforts and cooperation, and please feel free to contact either of us if you have any questions ori concerns. Sincerely, i Tina Cournoyer Commissioner Assistant Indian River County Board of County Commissioners 1801 27th Street, Bldg. A Vero Beach, FL 32960 Phone: (772) 226-1440 Fax: (772) 770-5334 0 PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County officials regarding county business are considered to be public records and will be made available to the public and the media upon request. Your email messages and email address may, therefore, be subject to public disclosure. i Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. i I s IDA k ' E Ireasure Coast NewspapersLM E z Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION f' STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below.Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer I Ad Number Cooyline PQ# 463755-INDIAN RIVER CO PLANNING DEPT 674780 Meeting:9/22/15:Parking&Event BCC Meeting 9/22/15 Pub Dates i September 4,2015 I Sw t an subscribed lefore�ne this ay of,September 03,2015,by who is Sherri Cipriani (X)personally known to me or ( )who has produced as identification. Sandra Coldren Notary Public SANDRA cOLDR' MY cavjHISS IOtN _v FF CO?035 �V IREli EXPS:APriI 1 2017 d Tnn N—-yy Fpub�Gc_U-r nv iers +gLy (3t • s. 1 . 1 Ixouxxrvea �I�,1�i ,�,L� iL'e �a'�'O�'JQ1l�tla Ad Number: 674780 Advertiser- Indian River County Planning Dept """'°"'`°•"" '°'^°" Insertion Number: NIA Agency: NIA Friday, September 04, 2015 Size: 1 Col x 132 ag Section-Page-Zone(s): E-7-Ali Color Type: N/A Description: Meeting: 9/22/15: Parking&Event... 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DeBlois, AICP—0> Chief, Environmental Planning &Code Enforcement DATE: i October 1, 2015 I RE: Consideration to Adopt Amendments to County Sea Turtle Protection Lighting Regulations(Land Development Regulations Section 901.03, Definitions, and Section 932.09, Sea Turtle Protection) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of October 13, 2015. This item was considered at a public hearing on September 22, 2015. That public hearing was continued to the October 13,2015 Board meeting. The staff report prepared for the September 22 meeting is provided below and has not been changed since the September 22°d meeting. 1 BACKGROUND I In October 2014, county staff issued a code enforcement citation to an:owner of a residence on the south barrier island, for violations of County sea turtle protection lighting regulations. More specifically, the citation was issued for unscreened interior house lighting visible from the beach after 9:00 p.m., in violation of Land Development Regulation(LDR) Section 932.09(4). Subsection(d)of 932.09(4),which applies particularly to interior lighting, currently reads as follows: (4) Exisiing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: 1. (d) Window treatments in windows facing the ocean [emphasis added] of single and multistory structures are required so that interior lights do not illuminate the beach. The use of tint or film on windows or awnings is preferred, however, the use of black-out draperies or shade screens will suffice. The owner appealed staff's issuance of the citation to the County Code Enforcement Board, which heard the appeal at the Board's November 24, 2014 meeting(see minutes, Attachment I to this report). Among other things, the owner's attorney, Mr. Barry Segal, presented evidence at the appeal hearing that the 1 132 owner has black-out draperies on his east ("ocean facing") windows that are drawn after dark. Furthermore, Mr. Segal argued that any light emanating from north facing windows on the house, irrespective of whether or not such light is visible from the beach, is not subject to 932.09(4)(d) restriction's since the north windows are not"facing the ocean." After consideration of overall evidence and testimony presented at the appeal hearing, the Code Enforcement Board voted 4 to 2 to rescind the citation and related fines. Although it was unclear at the hearing as to the specific reasons why the Board voted to rescind the citation, the "facing the ocean" language iIn LDR Subsection 932.09(4)(d), as it relates to windows, appears to have been a factor. Subsequent to the citation hearing and the Code Enforcement Board's finding, on April 7, 2015 County Commissioner Peter O'Bryan brought the apparent discrepancy in the sea turtle lighting regulations relating to windows "facing the ocean" vs. "can be seen from the beach" to the Board of County Commissioners for discussion. As a result of that discussion, the County Commission directed staff to draft an ordinance amending LDR Section 932.09 to delete references to "facing the ocean" and replace it with "in line-of-sight of the ocean" language. Moreover, in his motion that was passed on the matter, Commissioner O'Bryan recommended that the area of restricted illumination be extended beyond the beach and include dunes(see 4/7/15 BCC minutes, Attachment 2). Staff has since drafted amendments to the County's sea turtle protection regulations (Attachment 7 to this report), which are now being presented to the Board for adoption consideration. i Planning and Zoning Commission Recommendations At a public hearing on June 11, 2015, the County Planning and Zoning Commission (PZC) considered the proposed ordinance (see approved minutes, Attachment 3 to this report). At that hearing, the PZC voted 4-0 to recommend that the Board of County Commissioners: 1. Approve the proposed ordinance with a revision that a light source "...visible to an observer on the beach..." be changed to "...visible to an observer standing anywhere on the beach...," when referring to lights subject to the sea turtle lighting regulations. 2. Approve the proposed ordinance with a revision in proposed language that "...all exterior light fixtures on the seaward and shore-perpendicular sides of buildings (and on the landward side of buildings if the fixtures are visible from the beach)..." be changed to "...all exterior light fixtures on the seaward or shore-perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach..." 3. Not extend sea turtle lighting restrictions to include illumination of the dune area. 4. Direct staff to include verbiage in an annual letter to beachfront property owners about sea turtle lighting regulations to advise such landowners that they are responsible for the actions of anyone on their property that violates lighting restrictions, including guests and renters. i Recommendations 1 and 2 have been incorporated into the proposed ordinance. The proposed ordinance, as drafted'by staff, is consistent with recommendation 3. Staff has implemented recommendation 4 in its revised annual letter to beachfront property owners(see Attachment 4). 2 133 Fish and Wildlife Conservation Commission Recommendations Subseq fent to the June 11, 2015 PZC hearing, county staff received comments from Florida Fish and Wildlife) Conservation Commission (FWC) staff concerning the proposed ordinance amendment. FWC staff recommended a number of revisions to make the proposed ordinance more consistent with the state's model lighting ordinance for sea turtle protection. Those recommendations include: • Defining "directly visible" and "indirectly visible" light as it pertains to illumination of the beach, and regulating against both direct and indirect illumination of the beach. • Requiring all exterior light fixtures, on both new development and existing development structures, to be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon. The FWC further recommends that no such light source emit light below 560 nanometers (nm), and that recommendation is stated in the proposed ordinance. The draft ordinance that was presented to the PZC at the PZC's June 11, 2015 public hearing has since been revised to incorporate the PZC's ordinance-related recommendations and also to address comments received!by FWC staff. Attachment 6 to this report highlights (in yellow) the changes made in the proposed ordinance to address FWC comments. I ANALYSIS The primary direction from the Board of County Commissioners to staff in revising the sea turtle protection lighting regulation focuses on how "illumination" is defined, measured, and applied to beachfront lighting, particularly relating to interior lighting, which was the specific issue in the citation appeal described herein. The proposed revisions address that issue, but also include other revisions explained later in this report. I Comparison to State Model Ordinance and Other Local Ordinances In drafting the proposed ordinance revisions, staff reviewed the state's model sea turtle lighting ordinance (Florida Administrative Code Chapter 62B-55, Attachment 5 to this report), as well as other local ordinances in the region. The following chart provides a comparison of the state model ordinance and other, local sea turtle protection ordinances to Indian River County's current ordinance and to the proposed revisions, particularly relating to beach illumination and interior lighting restrictions on existing development. I _ _ ^�:�' -1. :t, t r'-'-_'r'"i'i' - T'..3.•- ,r!, .i�....`.~ _ oo.�i:? h_:..`;7•, ,+5='v .i ,'x., T�,. �'{� �(f'- 7':'it - 'ir:.,{, _ '}.�T ,�wwfi_. -P.- ,.7 =-n di;- �J• =•11 ComParison:ofS_eaTurtle:Protection-.Li litIng.-- ' ulations; .u�'nd?'F.-'.�,. Co --r•. ;r;T.Fz.:l.. +it.• _ (Definifionsof;illiimmation;and`'restrictions•on'interior:liglitiog).-_ _ : JURISDICTION ILLUMINATION INTERIOR LIGHTING EXISTING Indian River County(current) ...any lighting source which is ...lighting which can be seen from the visible from two feet or less in beach...window treatments in windows height on the beach...or facing the ocean... creates a discernible shadow on the beach... 3 134 CHART'(Continued) JURISDICTION ILLUMINATION INTERIOR LIGHTING EXISTING Indian River County ...any light source which is ...lighting which can be seen from the (proposed) directly visible to an observer beach...window treatments in windows standing anywhere on the within line-of-sight of an observer on the beach... or not directly visible beach... from the beach but which ` indirectly creates a discernible i shadow on the beach by means of reflection... State(model ordinance) "Directly illuminated"... ...use window treatments(e.g.,blinds, artificial light source which is curtains)to shield interior light from the visible to an observer on the beach... beach... "Indirectly illuminated"...as a result of...an artificial light source which is not visible to an observer on the beach. Vero Beach "Illuminated"... artificial light ...eliminate interior lighting emanating from that produces brightness doors and windows within direct line-of- detectable to an observer sight of the beach... standing anywhere on the beach... Indian River Shores Direct illumination of the ...the town does not intend to regulate the beach...light of a point source interior lighting of dwellings... but that is sufficiently strong to cast recommends that beachfront residents be a detectable shadow on the mindful of the potentially adverse beach... effects... Brevard C ounty "Directly illuminated"... ...use window treatments(e.g.,blinds, artificial light source which is curtains)to shield interior light from the visible to an observer on the beach... beach... M "Indirectly illuminated"...as a result of...an artificial light source which is not visible to an observer on the beach. St. Lucie County (Undefined) ...to prevent interior lights from illuminating the beach,window treatment...required on all windows...within line of sight of the beach... Martin County (Undefined) ...to prevent interior lights from illuminating the beach... window treatments...required on all windows of single-and multi-story structures... In reviewing the state.model ordinance and other local ordinances, staff found that the County's current definition of illuminate is unique in its measurement of light source visibility from "two feet or less in height on the beach." Rather, the state model ordinance and other local ordinances define illumination as "visible to an observer on the beach" or use similar language. The proposed ordinance revises the 4 135 County's definition of illuminate to be consistent with the state model and with other regional local jurisdictiins. With respect to interior lighting restrictions, the proposed revisions delete references to (just) windows "facing the ocean," and replaces it with "within line-of-sight of an observer on the beach," which eliminates inconsistencies within the current ordinance and brings the County regulations in line with state guidelines and with other jurisdictions. Including or Not Including Dunes in Area of Illumination Restrictions I When thel Board of County Commissioners directed staff to draft revisions to the sea turtle protection lighting regulations, that direction included a recommendation that the area of restricted illumination be extended beyond the beach and include the area of dunes as well. On that issue, staff's position is that including dunes in the area of illumination restrictions would: • Be inconsistent with the state model ordinance and with other local ordinances statewide, which consistently refer to the beach (only) and not to the dune as the area of restricted illumination. (Inclusion of the dune area does not appear to be necessary to provide adequate protection, based on the model ordinance); • Effectively eliminate the allowance of any lighting within or immediately adjacent to dune areas, such as dune crossover lighting or yard edge lighting, including low profile shielded luminaries inlor adjacent to dune areas; and • Be problematic from an enforcement access standpoint, in that the beach area is generally accepted as a public/accessible space and is the area of regular monitoring, whereas private dune areas are not. For those reasons, staff does not support inclusion of the dune in the area of restricted illumination. Moreover, the PZC voted at its hearing on June 11, 2015 to recommend the Board not include the dune area. Consequently,the proposed ordinance does not include dunes in the area of restricted illumination. i Other Proposed Revisions In drafting the ordinance amendment, staff has taken the opportunity to clarify certain sections of the code and to revise certain aspects beyond the definition of illuminate and how it is applied and measured. Those other revisions include: 1 • Clarification that tinted or filmed glass visible transmittance is measured from center-of-glass, consistent with the building code; and • Revisions to the "purpose" section to reference potential impacts of artificial lighting on adult se'a turtles as well as hatchlings, consistent with scientific findings, and to reference the County's Sea Turtle Habitat Conservation Plan; and • Revisions to beachfront lighting approval procedures to require building contractors to certify compliance with beachfront lighting standards, subject to inspection verification by county staff, consistent with building inspection procedures. 5 136 Consiste i cy with Comprehensive Plan Policies County Comprehensive Plan Conservation Element Policy 7.8 provides that the County will apply sea turtle protection lighting criteria for beachfront development in the unincorporated county. The proposed LDR amendment is consistent with Conservation Element Policy 7.8 and does not conflict with the public interest or any other LDRs. Impacts I n Development Costs and Affordable Housing Indian River County has had sea turtle protection lighting restrictions in place for beachfront development since 1987. The proposed revisions will not have a substantial impact on development costs associated with beachfront development. Impacts will be limited to the additional cost of window treatments and fixture improvements that are proposed to extend to all lighting visible from the beach, beyond just "ocean-facing" windows and lighting. As such, the proposed LDR amendment will not have a significant effect on the cost of beachfront development, and no practical impact on affordable housing, since affordable housing does not include or rely upon beachfront sites. Balance Of Sea Turtle Protection and Private Development Rights From a sea turtle protection standpoint, elimination of all artificial lighting along the coast would substantially reduce adverse impacts to sea turtle nesting. Such a measure, however, would be impractical and would not take into consideration private rights for reasonable use of property. The County'sisea turtle protection lighting regulations, as well as the regulations of other localities statewide, were drafted to strike a reasonable balance between sea turtle protection and private property rights. The proposed revisions will strengthen sea turtle protection measures while still maintaining that reasonable balance. Revisions to Annual Sea Turtle Letter to Beachfront Property Owners i As indicated earlier in this report, the PZC recommended that staff revise its annual sea turtle letter to beachfront property owners to advise owners that they are responsible for the actions of guests or renters that violate lighting restrictions. To that end, staff has revised the standard language of that letter (see Attachment 4). SUMMARY The proposed amendment to the County's sea turtle protection lighting regulations will resolve certain inconsistencies within the ordinance with respect to how illumination is defined and applied to coastal lighting. It will also make the ordinance more consistent with the state model ordinance and with other local ordinances, and more consistent with FWC recommendations, in a manner that strengthens sea turtle protection while reasonably balancing that protection with private property rights. i RECOMf MENDATION Staff recommends that the Board of County Commissioners adopt the proposed LDR amendment. Staff also recommends that the Board approve the revised language in the sea turtle letter that staff annually sends to beachfront property owners. 6 137 ATTACHMENTS 1. CI de Enforcement Board 11/24/14 meeting minutes excerpt. 2. Board of County Commissioners 4/7/15 meeting minutes excerpt. 3. Planning and Zoning Commission 6/11/15 meeting minutes excerpt. 4. Copy of annual sea turtle letter to beachfront homeowners revised to reference owner's responsibilities. 5. Copy of state model lighting ordinance for marine turtle protection. 6. Draft of proposed ordinance with highlighted revisions based on FWC comments. 7. Proposed ordinance. APPROVED: I.R.County A Dept. oved Date FOR: t—d 12015 Admin. 10/17//5 Legal _L1 BY: I Budget to -6 9 �S Risk Mgr I M:\LDR\932!09 sea turtle lighting amend\Sea Turtle Lighting LDR amend BCC item 10-13-15.doc i 1 i l i 7 138 CODE ENFORCEMENT BOARD A meeting of the Indian River County (IRC) Code Enforcement Board (the Board) was held in the Commission Chambers at the County Administration Building , 1801 27th Street, Building "A°, Vero Beach, Florida on Monday, November 24, 2014 at 1:30 p.m. Present were Chairman Pete Clements, General Contractor Appointee;Tony Gervasio, Member-at-Large Appointee; Joe Petrulak, Subcontractor Appointee; Karl Zimmermann, Realtor Appointee; Vice-Chairman Aaron Bowles, Engineer Appointee and David Myers II, Businessman Appointee (arrived 1:34 p.m.). Let the record show there is a vacancy for an Architect Appointee. 'Also in attendance was Attorney Jennifer Peshke, Attorney for the Board;.IRC staff: Roland DeBlois, Environmental and Code Enforcement Chief; Betty Davis, Vanessa Carter Solomon, Rose Jefferson and Kelly Buck, Code Enforcement Officers; and Reta Smith, Recording Secretary. 10:37110 Call to Order ;Chairman Clements called the meeting to order and led all in the Pledge of Allegiance. The secretary called the roll, establishing that a quorum was present. 10:38:130 Approval of Minutes of October 27, 2014 ON MOTION BY Mr. Petrulak, SECONDED BY Mr. Bowles, the Board voted unanimously(5-0)to approve the minutes of October 27, 2014 as presented. Mr. David Myers 11, Businessman Appointee arrived at 1:34 p.m. 10:38:50 Attorney's Overview of Board Purpose and Procedures Attorney Jennifer Peshke,Attorney for the Board, gave a brief overview of the procedures and purpose of the Code Enforcement Board. I 10:44:27 Agenda Additions or Deletions. Consent Items Mr. Roland DeBlois, IRC Environmental and Code Enforcement Chief, CEB-Unapproved 1 November 24,2014 F:/BCC/AII Committees/CODE/2014 Minutes/CODE11.24.14.doc WTACHMENTi i 139 reported the following cases had either complied, been rescheduled, or ere recommended by staff for an extension of time on the Consent Agenda. ases #2014080001, #2014090116, #2014020013, #2014070210, #20 080155, #2014070105, #2014080016 and#2014070167- 30 day extension u December 19, 2014. Cases #2013040024, #2012100094, #2013070120 013110071, #2014030039, #2014070053, #2014050115, #2014030031 and 013100037-60 day extension until January 23, 2015. Case #2012110095 - day extension until February 20, 2015. Cases #2014080191, #20140501 #2014100014 and #2014090001 were rescheduled. Case #2014080082 s withdrawn. 1 In compliance were Cases #2014070195, 014080045, #2014090073, #20104080106, #2014100098, #2014080013 #2014070207, #2014090141, #2014100095, #2014100115, #2014100 , #2014070154, #2014090006, #2014050146, #2012080061, #201405011 , #2014070108 (first tier of a two-tier compliance), #2014090119, #20140600 and #2014050005. Mr. DeBlois noted there was o e Administrative Hearing scheduled to appeal a citation issued for sea turtl lighting violations and recommended Case #2014100110, Mitchell Dudek, a heard at the beginning of today's meeting. He indicated there was one a endum to the agenda concerning a Lien Release Request for Case #20061 066, Billy & Laurel Hitchcox, and recommended it be heard,with the other Lie elease Requests no sooner than 3:00 p.m. Mr. DeBlois advised two Lien Rele a Request Cases#2011090216 and#2008080086 relating to Shannon & R ert Kahn had been rescheduled at the request of the Respondents. :54:54 ON MOTION BY Mr.Zimmermann, SECONDED BY Mr. Petrulak,the Board voted unanimously(6-0)to accept the Consent Agenda with the revisions. 1 5:15 Swearina in of Those Who Will Testify The secretary proceeded to administer the testimonial oath to everyone who would be testifying at today's hearings. I ADMINISTRATIVE HEARINGS --� 10:55:45 Case #2014100110 - Mitchell Dudek Mr. DeBlois advised this case related to a citation issued on October 22, 2014 CEB-Uri1 proved 2 November 24,2014 F:/BCC/Afl Committees/CODE/2014 Minutes/CODE11.24.14.doc r ACHME r 140 for sea turtle protection lighting on October 9, 10, 11 and 18, 2014 when IRC staff determined there were violations based on information received. He noted the fine amount for each day of violation was $50.00 per day and the citation was in the amount of$200.00 for four nights of documented sea turtle lighting violations, and the Respondent had elected to appeal the citation. Mr. DeBlois showed on the overhead projector and submitted into evidence Section 932.09, subsection 4(a) and (d) of the County's Ordinance relating to Coastal Management, adding the citation was issued particularly with reference to interior lighting from the subject property being visible from the beach after 9:00 p.m. He recapped on July 17, 2014, staff issued a warning letter to the Respondent advising of IRC sea turtle lighting requirements based on information received that interior lights were visible on the beach from the property and recommended the window coverings be closed at night during sea turtle nesting hatchling season, or potentially be subject to a fine. Mr. DeBlois related after sending out the warning letter, IRC staff received an email dated September 15, 2014 from Attorney Barry Segal, representing the Respondent, outlining certain measures taken to comply, and a copy of this is on file in the!Commission Office. He continued IRC staff subsequently received more information that compliance was not being achieved, which ultimately led to the issuance of the citation. Dr. Miles Conway, 2340 South A-1-A, Vero Beach, confirmed he had sent an email dated October 15, 2014 to Mr. DeBlois with information on lighting violations he had observed coming from the subject premises as shown on photographs submitted into evidence. He testified at various dates in September and October, 2014 he sent those photographs taken on his iPhone'to Mr.. Rick Herren, IRC Environmental Specialist, showing lighting issues he had observed from the beach at different times. Mr. DeBlois showed on the overhead and submitted into evidence a section of Chapter 932 of the code stating "illuminate means any light source which is visible from two feet or less in height on the beach area, or any lighting which creates a discernible shadow on the beach area. Dr. Conway opined the illumination he had observed from the subject property met that definition. Mr. Rick Herren, IRC Environmental Specialist, discussed the required nighttime lighting surveys conducted as per the County's Habitat Conservation Plan and expressed his opinion that based on the photographs the light emanating from the subject property met the definition contained in the code. CEB-Unapproved 3 November24,2014 F:/BCC/AII CommitteeslCODE/2014 Minutes/CODE11.24.14.doc ATTACHMEPT 141 Mr. DeBlois summarized it was staffs conclusion the photographic evidence and overall information indicated there were four violations after 9:00 p.m. on the dates cited in the citation and recommended the Board uphold Citation #2014100110. 1 The Respondent's mother, Ms. Sharon Kramer, 3 Royal Palm Pointe, Vero Beach, testified the photographs dated October 9, 2014 taken at 9:25 and 9:26 p.m. showed exterior lights and not interior lights because the drapes were pulled at the time. 'She stated after the warning notice had been received, blackout shades had been installed on the windows and instructions posted for anybody renting the home regarding the need to pull the drapes because of sea turtle actions. IAttorney Barry Segal, representing the Respondent, gave a PowerPoint presentation, a copy of which is on file in the Commission Office. He pointed out there was a signification amount of vegetation along the perimeter between the Respondent's house and the beach and maintained the only thing visible from the beach' within the two foot limit was the roof of the house. He stated there was no evidence that the photos of the subject property presented in evidence were taken from the beach; but they could have been taken from other vantage points. Mr. Herren stated he had not personally observed the alleged violations on the dates the photographs were taken; however he had looked at the property from the beach,in the past and had seen interior light coming from the third floor windows on both the east and the north side. He acknowledged the subject property had vegetation blocking it from certain angles on the beach and if the property was entirely blocked from all directions it would not be a violation; however the if light could be seen from one direction it would be a violation and it would depend on where someone was standing on the beach. Mr. Petrulak noted Ms. Kramer was no longer present and asked if either she or Attorney Segal could 100% without a doubt say the drapes were dosed after 9:00 p.m. when the subject property was occupied. Attorney Segal admitted nobody could tie sure if the drapes were drawn; but it was more an issue of if the lights were visible since even the vegetation had changed since Mr. Herren conducted his last site inspection of the area. Discussion followed about the photographic evidence. I Attomey Segal pointed out the window in question faced north and maintained the code applied only to windows facing the ocean. CEB-Unapproved 4 November24,2014 F:/BCC/All Committees/CODE/2014 Minutes/CODE11.24.14.doc ATTACIME 142 Mr. DeBlois stated staffs position was there was sufficient evidence and direct testimony under oath from the person who took the photos, with corroborating information from Mr. Herren, that light was visible from the beach when the drapes were(open on the third floor of the subject property. He added it was also staffs position if the light could be seen from the beach it would mean the window faced the ocean, and recommended the Board uphold the citation. ' I 12:02:29 ON MOTION BY Mr. Gervasio, SECONDED BY Mr. Petrulak, the members voted (4-2) to rescind the fine and not to uphold Citation #2014100110. Mr. Meyers 11 and Mr. Bowles opposed. hearing.It is noted for the record the Respondent's attorney was present for this EVIDENTIARY.HEARINGS 12:02,49 Case #2014090106 — Gary Dean Compton IMs. Rose Jefferson, IRC Code Enforcement Offi r, submitted four photographs taken November 11, 2014 into evidence and r ated she had received complaints about an untagged jeep and a box truck bei used for storage, adding the overgrown weeds violation was in compliance. Respondent Compton testified the van as actually a motor home that he used to store his tools and he was workin n getting the jeep fixed up. `Mr. DeBlois explained the ve ' es needed to be roadworthy and registered and recommended an extension, fi0 days, until January 23, 2015, for compliance. 12:11:13 ON MOTI BY Mr.Zimmermann, SECONDED BY Mr. Petrul ,the members voted unanimously(6-0)to find co liance of the overgrown weeds violation but find e junk vehicles violation and grant an extension of 60 days, until January 23, 2015, for compliance or a $100 per day fine. It is noted for the record the Respondent was present for this.hearing. CEB-Unapproved 5 November 24,2014 RIBCC/AII Committees/CODE/2014 Minutes/CODE11.24.14.doc i ATTACH may 143 - ----- ---------- ---------------- --- --- - --- --•- City of Vero Beach, to be held at the- Town of Indian River Sbore's Community Center at 9:00 a.m.; and designated Commissioner O'Bryan as the County's representative at the meeting. 14. COMIIHSSIONERS MATTERS A. Commissioner Wesley S Davis Chairman Funding i Add: g for a Temporary Housing Facility for Station No. 7 (Clerk's Note: This item was moved to Emergency Services District, Item I5.A.3) B. Commissioner Bob Solari Vice Chairman None C. Commissioner Joseph E. Flescher None Commissioner Peter D. O'Bryan 10:53 1. Sea Turtle Protection a.m. (memorandum dated March 31,2015) -204-206 -----......----•--............-.........-...-.........- ---..... .. ----••- -- m Comissioner O'Bryan discussed discrepancies- . - in County- ------ Code, Chapter 932 Coastal Management, Section 932.09 — Sea Turtle Protection. He said that when Subsections (2)(f) and (4)(d) reference window treatments to block light shining onto the beach in turtle nesting season, the Code specifies windows facing the ocean; however, light may also emanate from windows located elsewhere in the home. He wanted to amend the Code to clarify that light should not be emanating onto the beach from any windows. He also wanted to add language in the Code to clarify that lights should not illuminate either the beach or dunes. Director Boling said that it would be appropriate to update the Code to say "line of sight," instead of "facing the ocean." MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Solari, to direct staff to draft an Ordinance amending the Land Development Regulations, Chapter 932 Coastal Management,, Section 932.09 (2)(f) as follows: "...Tinted or filmed glass...ff►eiog the-oma, to "...Tinted or filmed glass...in the line of sight of the ocean..." and Section 932.09 (4)(d) as follows: Board of County Commission Minutes Page 15 Apri17,2015 144 i I "...Window treatments in windows of single and multistory structures feeing-the-eeean in the line of sight of the ocean are required so that interior lights do not illuminate the beach and dunes..." , Attorney Reingold sought and received confirmation that the Board wanted' staff to draft the Ordinance, provide public notice,and bring it back to the Board for adoption. The Chairman CALLED THE QUESTION and the Motion carried unanimously. E. Commissioner Tim Zore None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District The Board reconvened as the Board of Commissione of the Emergency Services District. Those Minutes available separately. I 1. Approval to Replace Seven 7 iac Monitors for Fire 11:00 1 PP P ( ) a.m. Rescue Division from M c Emergency Response Systems (memorandum dated 25:2015 - 207-213 2. Add: Revised Imposition Article 34 (Salaries) 9:03 Firefighters/P edics Association Local 2201, International a.m. i Associati of Fire Fighters(IAFF 213A- t 213K 9:10 I 3. d: Funding for a Temporary Housing Facility for Station a.m. i No. 7 g, Solid Waste Disposal District 11:02 { The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are available separately. 1. Approval of Minutes Meeting of March 3,2015 2. Approval of Minutes Meeting of March 10,2015 3. Approval of Minutes Meeting of March 17,2015 Board of County Commission Minutes Page 16 April 7,26S I A�tr �� 2 145 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, June 11, 2015 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircaov.com/Boards/PZC/2015. Present were members: Chairman Polackwich, Sr., District 2 Appointee; Maria Caldarone, District 3 Appointee; Jordan Stewart and Todd Brognano, Members-at-Large. Absent were: Charles Rednour, District 1 Appointee; Dr. Jonathan Day, District 4 Appointee; Brad Emmons, District 5 Appointee; and Shawn Frost, non-voting School Board Liaison (all excused). Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; John McCoy, Chief, Current Development; Roland DeBlois, Chief, Environmental Planning & Code Enforcement; Reta Smith, Recording Secretary; and Janice Meehan, Trainee. Call to Order and Pledge of Allegiance The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda I There were none. Approval of Minutes 'ON MOTION BY Mr. Stewart, ONDED BY Ms. Caldarone, the members v unanimously (4-0) to approve the minutes a meeting of May 14, 2015, as presented. Public Hearings: ' Ch an Polackwich read the following into the record: PZC/Approved 1 June 11, 2015 F:\BCC\AII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-06-11-15.doc 146 A. Orchid Quay, LLC; Request to Rezone ± 41 .95 AcresLocate ast of US #1 and North of 82nd Street from CG, General C mercial District, to OCR, Office, Commercial, Residential Dist r' (99070005) [Quasi-Judicial] Chairman Polackwich understood staff had re ved a request from the applicant to postpone this matter until August 1 015, as per a letter dated June 110, 2015 on file in the Commission Offic ; owever he decided to open the public hearing and vote on the matter. Chairman Polackwich opene a public hearing at 7:02 p.m. i ' ON MOTION Mr. Brognano, SECONDED BY Mr. i Stewart, members voted unanimously (4-0) to ' poste a the public hearing for Orchid Quay, LLC's R est for Rezoning until the August 13, 2015, :00 p.m. Planning & Zoning Commission meeting. The public hearing was closed at 7:03 p.m. Chairman Polackwich read the following into the record: I B. Consideration of Proposed Amendments to County Sea Turtle Protection Lighting Regulations (Land Development Regulations 1 Section 901 .03, Definitions, and Section 932.09, Sea Turtle Protection) [Legislative] Mr. Roland DeBlois, IRC Chief, Environmental Planning & Code Enforcement, reviewed the information contained in his memorandum dated June;4, 2015 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He related the Board of County Commissioners (BCC) had directed staff to draft an ordinance amending Land Development Regulation (LDR,) Section 932.09 pertaining to sea turtle protection lighting restrictions; and further recommended that the area of restricted illumination be extended beyond the beach to include dune areas. Mr. DeBlois compared the County's current ordinance with those of local jurisdictions and counties and the State model, and noted the proposed language revisi'ng the County's LDR definition of "illuminate" would be to eliminate the "visible from two feet or less in height" and replace it with "visible to an observer on the beach". He continued the proposed language for window treatment requirements would eliminate "facing the ocean" and replace it with "within line- of-sight of an observer on the beach". ATTACHMENT J PZC/Approved 2 June 11, 2015 F:\BCC\AII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-06-11-15.doc 147 Mr. DeBlois stated it was staffs position that inclusion of the dunes would be inconsistent with the State model and other local or statewide ordinances and felt it was not necessary to provide adequate protection based on the model ordinance. He added it would effectively eliminate the allowance of any lighting within,' or immediately adjacent to dune areas and would be problematic to enforce because private dune areas were not regularly monitored or accessible. f I Deputy County Attorney Bill DeBraal inquired how many code enforcement citations were issued for turtle lighting violations in 2014. Mr. DeBlois responded one citation had been issued, and advised each year staff sent out letters to oceanfront property owners reminding them of the requirements of sea turtle season, and sometimes it was necessary to undertake various means of follow- up enforcement actions, both formal and informal. i ` Chairman Polackwich suggested changing the proposed ordinance language to: "detectable to an observer standing anywhere on the beach"; and where it said "All exterior light fixtures on the seaward and the shore- perpendicular sides of buildings (and on the landward side of buildings....), change the two "ands" to "ors". I Mr. Stan Boling, IRC Community Development Director, agreed with the recommended changes. i Chairman Polackwich opened the public hearing at 7:22 p.m. i I The secretary administered the testimonial oath to those present who wished to speak on this matter. Mr. Miles Conway, 2340 South A-1-A, Vero Beach, came forward with a PowerPoint presentation, a copy of which is on file in the Commission Office, that he stated reflected the views of the South Beach Property Owners' Association and the Indian River Neighborhood Association. He maintained commercial transient boarding houses operating in residential neighborhoods close to or directly on the ocean were responsible for abusing the lighting regulations because renters had little or no knowledge of sea turtle nesting and critical habitat in front of the dwellings or when activities extended to the beach. Mr. Conway recommended adding revisions to the proposed amendment for the following reasons: To explain to renters and their guests why sea turtle regulations are necessary and to identify the regulations; ATTAGHmENT 3 PZC/Approved 3 June 11, 2015 F:\BCC\NII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-06-11-15.doc 148 • To state the consequences for failure to adhere to the regulations, as in all code enforcements; • To identify the owner of the property as the responsible party for notifying the renter of these regulations; and • To establish the owner of the property as the responsible party for all compliance and non-compliance matters. i Attorney DeBraal inquired if Mr. Conway had evidence to support his claim that ti he more vacation rentals occurred, the more sea turtle violations occurred. Mr. Conway pointed out permanent residents advised each other if a sea turtle nest was in the area so they could pull their blinds or adjust their lighting; however new batches of transient rental residents, unaware of lighting restrictions, projected lights onto the nests and disoriented sea turtle hatchlings. Mr. DeBlois opined there was no evidence to support the assertion that vacation rentals incurred more violations of sea turtle lighting than any other individual or group. IMr o I . Conway maintained there would be no way of knowing because 90/o of all lboarding houses were unlicensed. He wanted the ordinance to differentiate penalties for people using their own property for living as opposed to homeowners using their property as transient boarding houses or for events such as weddings or commercial uses as advertisement production. Mr. Conway also recommended including the dune and the berm in the definition of the protected area of the beach, and was in favor of the County hiring an outside attorney when issues involving transient rentals were brought before the Code Enforcement Board. 1 Chairman Polackwich closed the public hearing at 7:56 p.m. ON MOTION BY Mr. Brognano, SECONDED BY Mr. Stewart, the members voted unanimously (4-0) to recommend the Board of County Commissioners approve the draft ordinance with the minor language modification made by Chairman Polackwich. Mr. Boling suggested adding verbiage to annual notices sent out by staff prior ito sea turtle nesting season stating beachfront property owners were responsible for the actions of anyone on their property that violate the lighting restrictions. ATTA C H M E lEtTT PZC/Approved 4 June 11, 2015 F:\BCC\All Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-06-11-15.doc 149 ON MOTION BY Mr. Brognano, SECONDED BY Ms. Caldarone, the members voted unanimously (4-0) to recommend the Board of County Commissioners that staff include verbiage in the annual letter to beachfront property owners that they inform any renter or visitor to their property about the turtle ' lighting ordinance and the owners were responsible for the actions of anyone on their property. Chairman Polackwich asked the members if anyone wanted to consider greater penalties for vacation rental violators. Nobody expressed interest in doing so and the issue was dropped. i Mr. DeBlois noted there were provisions in the IRC Coastal Management element of the code relating to protection of the dune for uses that physically affected the dune, including protection against impacts to sea turtle nests. He added he knew of no other Florida county that went above and beyond the State model() ordinance and felt inclusion of a dune illumination restriction area would set a precedent. It was the consensus of the PZC not to recommend an extension of the ordinance to include the dune. Chairman Polackwich inquired if the members were in favor of the County employing an outside attorney to present violations of turtle ordinance enforcement actions by vacation renters to the Code Enforcement Board. None of the members expressed an interest in making the above recommendation. Mr. Boling announced staff anticipated presenting this issue to the BCC on August 18, 2015, or at the Board's first meeting in September, 2015. For clarification, Chairman Polackwich asked for a separate motion not to extend the ordinance to include the dune area. ON MOTION BY Mr. Brognano, SECONDED BY Mr. Stewart, the members voted unanimously (4-0) to recommend the Board of County Commissioners not extend the turtle ordinance to include the dune area. r ATTACNMEoff 3 PZC/Approved 5 June 11, 2015 F:\BCC\AII Committees\P&Z\2015—AGENDAS & MINUTES\P&Z-06-11-15.doc 150 ��tiVEl� INDIAN RIVER COUNTY Q COMMUNITY DEVELOPMENT DEPARTMENT Z, 1801 271 Street, Vero Beach FL 32960 772-226-1237/772-978-1806 fax �LOR1�Q' www.ircgov.com [[Date]] RE: COUNTY SEA TURTLE PROTECTION REGULATIONS i County records indicate you are the owner of a beachfront property located in unincorporated Indian River County. This letter is part of an annual mailing to all beachfront property owners regarding the county's sea turtle protection regulations. Please take time to look at the information provided in this letter. Background I , i In 1987, Indian River County adopted sea turtle protection regulations that restrict beachfront lighting during sea turtle nesting season. Nesting season runs from March 1 to October 31 each year.1 Section 932.09 of the Indian River County Code of Ordinances sets forth parameters for artificial lighting, including requirements that: - Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they are not visible from the beach,or turned off after 9:00pm during the period from March 1"to October 31"of each year. Lights illuminating dune crossovers or any areas oceanward of the dune line shall be turned off after 9:00pm during the period from March I"to October 315`of each year. Window treatments in windows facing the ocean of single and multistory structures are required so that interior lights do not illuminate the beach. The use of tint or film on windows or awnings is preferred; however,the use of black-out draperies or shade-screens are acceptable Beachfront lighting is regulated based on scientific documentation that such lighting can disorient sea turtle hatchlings. Disoriented hatchlings crawl toward artificial lighting instead of the ocean, and are subsequently eaten by predators, such as raccoons or stray cats, or they die from dehydration. In addition, adult turtles will frequently avoid nesting on lighted beaches. i The best way to ensure that your property does not have lights visible from the beach is to view it from various locations on the beach at night. Observations should be made from locations north ATTACHMENT- 4 151 and south of your property, as well as from directly east. Observations should also be made from locations low (near the water line) and high (near the dune) on the beach. If you are able to see the source of light (e.g., light bulb) within a fixture, that light is likely to cause problems for sea turtles). Under a 1992 fine schedule approved by county resolution, failure to correct the above referenced violation(s)can result in citations assessed at$50.00 for each day of the violation after a warning notice has been issued with 24 hours to comply. Indian River County can also bring sea turtle lighting violations before the code enforcement board,which can enter an order and fines(usually $100 per day) if compliance is not achieved by a board-established compliance date. Be advised that property owners are ultimately responsible for the actions of anyone on their property that violates lighting restrictions, including guests and renters, and property owners will be subject to penalties accordingly. Indian River County has the privilege of being one of the most-important sea turtle nesting areas in the Western Hemisphere. In addition, the county has a federally mandated Habitat Conservation Plan (HCP) for Sea Turtles in accordance with its permit to help protect beachfront homes from storm erosion. The reduction of lighting impacts on nesting turtles is a part of the County's HCP. Therefore, your cooperation in minimizing beachfront lighting is greatly appreciated. If you have any questions concerning sea turtle regulations, please do not hesitate to call the Indian River County Environmental Planning and Code Enforcement Division at(772)226-1249. Sincerely, Roland M. DeBlois, AICP Chief, Environmental Planning i i IATTACHMENT 4 f 152 CHAPTER 62B-55 MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION 62B-55.001 i Purpose and Intent. 6213-55.002 Definitions. 62B-55.003 Marine Turtle Nesting Areas. 62B-55 004 General Guidance to Local Governments. 62B-55.005 Prohibition of Activities Disruptive to Marine Turtles. 62B-55.006 Model Standards for New Beachfront Lighting. 6213-55 007 Model Standards for Existing Beachfront Lighting. 62B-55.008 Proposed Enforcement and Penalties. 62B-55.009 Monitoring and Reporting Guidance. 62B-55.001 Purpose and Intent. The purpose of this rule is to implement Section 161.163,Florida Statutes,which requires the department to designate coastal areas utilized,or likely to be utilized,by sea turtles for nesting,and to establish guidelines for local government regulations that control beachfront lighting to protect hatching sea turtles.This rule is intended to guide local governments in developing ordinances which will protect hatchling marine turtles from the adverse effects of artificial lighting,provide overall improvement in nesting habitat degraded by light pollution,and increase successful nesting activity and production of hatchlings. SpecifrcAuthor6161.163 FS.Law Implemented 161.163 FS.History-New 3-30-93,Formerly 16B-55.001. I 62B-55.002 Definitions. (1)"Artificial light"or"artificial lighting"means the light emanating from any human-made device (2)"Beach"means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic form,or to the line of permanent vegetation, usually the effective limit of storm waves. 1 (3)"Bug's type bulb means any yellow colored light bulb that is marketed as being specifically treated in such a way so as to reduce the attraction of bugs to the light. (4) "Coastal construction activities"means any work or activity that is likely to have a material physical effect on existing coastal conditions or natural shore and inlet processes. (5)"County"means Bay,Brevard,Broward,Charlotte,Citrus,Collier,Dade,Dixie,Duval,Escambia,Flagler,Franklin,Gulf, Hernando, Indian River, Jefferson, Lee, Levy, Manatee, Martin, Monroe, Nassau, Okaloosa, Palm Beach, Pasco, Pinellas, St. Johns,St.Lucie,Santa Rosa,Sarasota,Suwanee,Taylor,Volusia,Wakulla,and Walton Counties. (6)"Cumulatively illuminated"means illuminated by numerous artificial light sources that as a group illuminate any portion of the beach. (7)"Department"means the Florida Department of Environmental Protection. (8)`Directly illuminated"means illuminated as a result of glowing element(s),lamp(s),globe(s),or reflector(s)of an artificial light source which is visible to an observer on the beach (9)"Dune;'means a mound or ridge of loose sediments,usually sand-sized,lying landward of the beach and deposited by any natural or artificial mechanism. (10)"Frontal dune"means the first natural or man-made mound or bluff of sand which is located landward of the beach and which has sufficient vegetation,height,continuity,and configuration to offer protective value. (11)"Ground-level barrier"means any vegetation,natural feature or artificial structure rising from the ground which prevents beachfront lighting from shining directly onto the beach-dune system. (12)"Hatchling"means any species of marine turtle,within or outside of a nest,that has recently hatched from an egg. (13)"Indirectly illuminated"means illuminated as a result of the glowing element(s), lamp(s),globe(s),or reflector(s)of an artificial light source which is not visible to an observer on the beach. (14) "Local government" means any county listed in (4) above and any municipality, community development district, or special taxing district within those counties. (15)"Marine turtle"means any marine-dwelling reptile of the families Cheloniidae or Dermochelyidae found in Florida waters or using the beach as nesting habitat, including the species: Caretta caretta(loggerhead), Chelonia mydw(green),Dermochelys coriacea(leatherback),Eretmochelys imbricata(hawksbill), and Lepidochelys kempi(Kemp's ridley). For purposes of this rule, marine turtle is synonymous with sea turtle. (16)"Nest"means an area where marine turtle eggs have been naturally deposited or subsequently relocated. (17)"Nesting season"means the period from May I through October 31 of each year for all counties except Brevard.Indian River,St.Lucie,Martin,Palm Beach,and Broward.Nesting season for Brevard,Indian River,St.Lucie,Martin,Palm Beach,and Broward counties means the period from March 1 through October 31 of each year. (18)"Nighttime"means the locally effective time period between sunset and sunrise. ATTACHMENT E 40 153 (19) "Person" means individuals, firms, associations, joint ventures, partnerships, estates, trusts, syndicates, fiduciaries, corporations,land all other groups or combinations. (20) "Tinted glass" means any glass treated to achieve an industry-approved, inside-to-outside light transmittance value of 45%or less. Such transmittance is limited to the visible spectrum (400 to 700 nanometers)and is measured as the percentage of light that is transmitted through the glass. Specific Authority 161163 FS.Lmv Implemented 161.163 FS.History—Xew 3-30-93,Formerly 16B-55.002. 62B-55.003 Marine Turtle Nesting Areas. Scientific investigations have demonstrated that marine turtles can nest along the entire coastline of the state.Historical data are not sufficient to exclude any county as an area utilized by marine turtles for nesting. For the purposes of this rule,however,the coastal areas of the state utilized, or likely to be utilized, by marine turtles for nesting include all beaches adjoining the waters of the Atlantic Ocean,the Gulf of Mexico,and the Straits of Florida and located within Bay,Brevard,Broward,Charlotte,Collier,Dade, Duval,Escambia,Flagler, Franklin,Gulf,Indian River,Lee,Manatee, Martin, Monroe,Nassau,Okaloosa, Palm Beach, Pinellas, St.Johns,St. Lucie,Santa Rosa,Sarasota,Volusia,and Walton Counties;and all inlet shorelines of those beaches. Specific Authority 161.63 FS.Law Implemented 161.163 FS.History-New 3-30-93,Formerly 16B-55.003. 62B-55.004 General Guidance to Local Governments. (1) The responsibility for protecting nesting female and hatchling marine turtles should be a joint responsibility of local government and the department. Local governments are encouraged to adopt, implement, and enforce the guidelines provided herein to assist in that responsibility. Local governments that have adopted less stringent regulations should consider amending existing ordinances to provide greater protection to nesting marine turtles and hatchlings. In the process of implementing these guidelines,the following management goals should also be considered by local governments: (a) Public Awareness. Any person submitting an application for coastal construction activities within the jurisdictional boundaries of the local government should be informed of the existence of and requirements within the local governments ordinances concerning artificial lighting and marine turtle protection. (b)Local`Government-Department Communication.Upon adoption of these guidelines,a system of communication between the local government and the department should be developed if it does not already exist. Protection of marine turtle nesting habitat,nesting females,and hatchlings is greatly enhanced when local governments manage their beaches and coastal activities in a manner consistent with prudent marine turtle conservation strategies. The department is ready to assist local governments by providing such conservation information and other technical assistance. (c) Inter-Governmental Cooperation. Upon adoption of these guidelines, local governments should develop a system for receiving copies of permits issued by the department, the Department of Environmental Protection, or the United States Army Corps of Engineers for any coastal construction within the local governments jurisdiction. Activities permitted by these agencies should be assessed for compliance with the local governments lighting ordinance. (d) Enforcement. Local governments should develop a process for the consistent and effective enforcement of adopted guidelines. This process should include at least one compliance inspection of the beach conducted at night prior to the commencement of the main portion of the marine turtle nesting season and one compliance inspection conducted during the marine turtle nesting season. (2) The department considers the provisions of this chapter to be minimum guidelines for the protection of nesting habitat, nesting females, and hatchling marine turtles from the negative effects of artificial lighting. More stringent standards for marine turtle protection may be adopted by local governments. Prior to adoption of any additional standards, local governments are encouraged to;consult with the department to ensure that the proposed standards are consistent with the guidelines set forth herein and with all other applicable department rules. I Specific Authority 161.63 FS.Low Implemented 161.163 FS.History News 3-30-93,Formerly 16B-55.004. 6211-55.005 Prohibition of Activities Disruptive to Marine Turtles. The following`activities involving direct illumination of portions of the beach should be prohibited on the beach at nighttime during the nesting season for the protection of nesting females,nests,and hatchling marine turtles: (1)The operation of all motorized vehicles,except emergency and law enforcement vehicles or those permitted on the beach for marine turtle conservation or research. (2)The building of campfires or bonfires. Speck Authority 161.63 FS.Law Implemented 161.163 FS History-New 3-30-93,Formerly 168-55.005. 62B-55.006 Model Standards for New Beachfront Lighting. In order to provide the highest level of protection for nesting marine turtles and their hatchlings,local governments should adopt all of the following standards for artificial light sources on all new coastal construction: (1)Exterior artificial light fixtures shall be designed and positioned so that: 41 MAmMERT 5 154 (a)The point source of light or any reflective surface of the light fixture is not directly visible from the beach; (b)Areas seaward of the frontal dune are not directly or indirectly illuminated; and (c)Areasi,seaward of the frontal dune are not cumulatively illuminated. (2)Exterior artificial light fixtures within direct line-of-sight of the beach are considered appropriately designed if: (a) Completely shielded downlight only fixtures or recessed fixtures having low wattage (i.e., 50 watts or less) "bug"type bulbs and non-reflective interior surfaces are used.Other fixtures that have appropriate shields,louvers,or cut-off features may also be used if they are in compliance with paragraphs(1)(a),(b),and(c)above;and (b) All fixtures are mounted as low in elevation as possible through use of low-mounted wall fixtures, low bollards, and ground-level fixtures. (3) Floodlights, uplights or spotlights for decorative and accent purposes that are directly visible from the beach, or which indirectly or cumulatively illuminate the beach,shall not be used. (4)Exterior lights used expressly for safety or security purposes shall be limited to the minimum number and configuration required to achieve their functional role(s). The use of motion detector switches that keep lights off except when approached and that switch lights on for the minimum duration possible are preferred. (5)Only low intensity lighting shall be used in parking areas within line-of-sight of the beach.Such lighting shall be- (a)Set ori a base which raises the source of light no higher than 48 inches off the ground;and (b)Positioned or shielded so that the light is cast downward and the source of light or any reflective surface of the light fixture is not visible from the beach and does not directly or indirectly illuminate the beach. (6) Parking areas and roadways, including any paved or unpaved areas upon which motorized vehicles will park or operate, shall be designed and located to prevent vehicular headlights from directly or indirectly illuminating the beach. (7) Vehicular lighting, parking area lighting, and roadway lighting shall be shielded from the beach through the use of ground-level barriers.Ground-level barriers must not interfere with marine turtle nesting or hatchling emergence,or cause short-or long-term damage to the beach/dune system. (8)Tinted glass shall be installed on all windows and glass doors of single or multi-story structures within line-of-sight of the beach. (9)Use of appropriately shielded low pressure sodium vapor lamps and fixtures shall be preferred for high-intensity lighting applications such as lighting parking areas and roadways,providing security,and similar applications. (10)Temporary lighting of construction sites during the marine turtle nesting season shall be restricted to the minimal amount necessary and'shall incorporate all of the standards of this section. Specifu Authonry 161.63 FS.Lam Implemented 161 163 FS.History-Nem-3-30-93,Formerly 16B-55.006. 62B-55.007 Model Standards For Existing Beachfront Lighting. In order to provide the highest level of protection for nesting marine turtles and their hatchlings,local governments should adopt all of the following standards for existing artificial beachfront lighting sources: (1)Existing artificial light fixtures shall be repositioned,modified,or removed so that: (a)The point source of light or any reflective surface of the light fixture is not directly visible from the beach; (b)Areas seaward of the frontal dune are not directly or indirectly illuminated;and (c)Areas seaward of the frontal dune are not cumulatively illuminated. (2)The following measures shall be taken to reduce or eliminate the negative effects of existing exterior artificial lighting: (a)Reposition fixtures so that the point source of light or any reflective surface of the light fixture is no longer visible from the beach; (b)Replace fixtures having an exposed light source with fixtures containing recessed light sources or shields; (c)Replace traditional light bulbs with yellow"bug"type bulbs not exceeding 50 watts; (d)Replace non-directional fixtures with directional fixtures that point down and away from the beach; (e)Replace fixtures having transparent or translucent coverings with fixtures having opaque shields covering an arc of at least 180 degrees and extending an appropriate distance below the bottom edge of the fixture on the seaward side so that the light source or any reflective surface of the light fixture is not visible from the beach, (f) Replace pole lamps with low-profile, low-level luminaries so that the light source or any reflective surface of the light fixture is not visible from the beach; (g)Replace incandescent, fluorescent, and high intensity lighting with the lowest wattage low pressure sodium vapor lighting possible for the specific application; (h)Plant or improve vegetation buffers between the light source and the beach to screen light from the beach; (i)Construct a ground level barrier to shield light sources from the beach.Ground-level barriers must not interfere with marine turtle nesting of hatchling emergence,or cause short-or long-term damage to the beach/dune system; 6)Permanently remove or permanently disable any fixture which cannot be brought into compliance with the provisions of these standards. (3)The following measures shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within line-of-sight of the beach: t i 42 i 155 (a)Appl} window tint or film that meets the standards for tinted glass, (b)Rearrange lamps and other moveable fixtures away from windows; (c)Use window treatments(e-g.,blinds,curtains)to shield interior lights from the beach;and (d)Tum!off unnecessary lights. SpecifrcAuthoi-ry 161.63 FS.Lax•Implemented 161.163 FS History-New-3-30-93,Formerly 16B-55.007. 62B-55.008 Proposed Enforcement and Penalties. Enforcement,l appeal, and remedy of matters related to this chapter should be regulated pursuant to procedures established under local ordinances. Penalties for non-compliance should be established and should be sufficient to discourage violations. Enforcement capability should be adequate to respond to possible violations within the timeframe necessary to prevent continued and prolonged impacts to marine turtles and hatchlings. SpecifrcAuthoI to 161.63 FS Law Implemented 161.163 FS.History—Nese•3-30-93,Formerly 16B-55.008. 62B-55.009 Monitoring and Reporting Guidance. The following information should be compiled on an annual basis and submitted to the department. (1)Number of lighting applications reviewed; (2)Number of potential violations reported; (3)Number of potential violations investigated; (4)Disposition of all potential violations including results of enforcement actions and amounts of penalties assessed; (5)Results of compliance checks conducted prior to and during the marine turtle nesting season;and (6)Status of local lighting ordinances and any amendments to those ordinances. Specific Authon'ty 161.63 FS.Low Implemented 161.163 FS.History-Vew 3-30-93,Formerly 16B-SS.009. 1 i I 43 E 156 ORDINANCE 2015- 9/11/15 DRAFT AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, AND CHAPTER 932, COASTAL MANAGEMENT; BY AMENDING SECTION 901.03, REVISING THE DEFINITIONS OF "ILLUMINATE" AND "TINTED OR FILMED GLASS"; BY AMENDING COASTAL MANAGEMENT SECTION 932.09, 1 SEA TURTLE PROTECTION; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIO RS OF INDIAN RIVER COUNTIY, FLORIDA THAT THE INDIAN RIVER COUNT r AND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 932, COASTAL MANAGEMENT, BE AMENDED AS FOLLOWS: == SECTION #I: - 'ti, Amend LDR Section 901.03, Definitions of "Ill = 'nate" and "Tinted or lass," as follows: # Illuminate to brighten by means of artificial lighting. :a plication to sea turtle protection regulations, (reference Chapter 932), ineans any ource which is directly visible feet or less in heighen thettt��r-eato an ob"+ : r st nding anywhere on the beach, or any lighting source not directly visible from the beach but*hich indirectly creates a discernible shadow on the beach area by means of reflection sha 'be considered to directly or indirectly illuminate that portion of the beach' gul ly 'eta ' by nesting sea turtles, and shall be considered in violation = Turtle Prot n Ordin a.a Tinted or filmed glawindow gla ., hich as has en covered with non-reflective window tint or film such that the mate as a ible transmi (the percent of incident radiation passing through a window) of forty a (� t-c� les s measured from center-of-glass. SECTIO Am Coastal Ma g-ment on 932.09, Sea turtle protection, as follows: Section 932.0 turtle pr t ction. (1) Purpose. The " ' se - this section is to protect the threatened and endangered sea turtles which nest along - beaches of Indian River County, Florida, by safeguarding adult and hatchlin sea to es from the impacts of or-tifleial light. The regulations of this section also serve as a light management mechanism in furtherance of Indian River County's Sea Turtle Habitat Conservation Plan. (2) New development. It is the policy of the Indian River County board of county commissioners that no arti€>feial light illuminate any area of the beaches of unincorporated Indian River County, Florida, during the period of the year when sea turtles nest.lMarch 1 to October 311. To meet this intent, building and electrical plans for construction of single-family or multifamily dwellings, commercial or other structures, parking lots, dune walkovers, and other ATTACHMENT � Bold Underline: Additions to Ordinance 1 Strike-threu0i Deleted Text from Existing Ordinance 157 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted draft.doc ORDINANCE 2015- 9/11/15 DRAFT outdoor lighting for real property, if lighting associated with such construction or development can be seen from the beach, shall be in compliance with the following: (a) Floodlights shall be prohibited. All Wall moun exterior light fixtures on the seaward or shore-perpendicular sides of buildings, or on the landward side of buildings if the fixtures are visible from the beach shall be fitted with heeds shields and directed downward so that no light directly or indirectly illuminates the beach. Such lighting shall be Tamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such li ht source emit light below 560 nanometers (nm).,S y (b) Pole lights shall be shielded in such a way that light ' .int i� innate areas other than the specific property boundaries of the subject site shall directly or indirectiv ,illuminate the beach or dune area on the seawardo a pole. or lighting shall be !held to the minimum necessary for security,and B. N. (c) Low-profile downward directed luminu with shields if necessary, sh be used in parking lots, and such lighting shall be po light directly or indirectly illuminates the beach. (d) ; gocrosswalks shall utilize to vim-profile, shielded dow_nward directed luminaries so that o light directly or indirectly illuminates the beach � 4 Wit•. . _ =��, (e) Lights on balconies shall be low-profile, shielded and downward directed fitted-with (heeds so that lights will not directiv or indirectl umin `the beach. (f) Tinted or filmed glass-shall be used in' ows an glass doors f4eing the oeenn within line-of-si ht o . fi " r standinLy ere o> the beach on single and multistory structures. (g) Temporary sec ' 't .lights construction-s ' shall not be mounted more than fifteen (15) feet above the gro '� yin M lights shall not spread beyond the boundary of the _. _ ;being Ave ed, arid=411.:Ao case shall those lights directly or indirectly inate (3) hfront lighting a val. PY' "". the issuance of a certificate of occupancy any for new deve'" ent within vie of the ch, compliance with the beachfront lighting standards set forth in": ` ordinance sh l be approved as follows: (a) Upon - _ letion o e construction activities, the building contractor shall provide written c - J icat' to county staff that the beachfront lighting standards of this section have, met and the county tal plannef staff shall conduct a site inspection to verify the contractor's certification. I (b) I'lie environmental planner- shall pFepar-e and report the inspeetion finding writing identify4ar. 1. The date and time of initial i i T he -extent of eomplianee with the lighting standfitrds-, 3. All areas of observed > if applieable; i ATTACHMENT d Bold Underline: Additions to Ordinance 2 Strike dhreuog Deleted Text from Existing Ordinance 158 M:U.DRV32.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted draft.doc ORDINANCE 2015- 9/11/15 DRAFT 4. Afty netion(s) taken to remedy ob-served . , ift In cases where remedial action is necessary, county staff shall notify the owner or developer of the results of the inspection and shall schedule a date and time for a subsequent inspection to verify that required modifications have been made for compliance with this ordinance (4) Existing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: (a) Lights illuminating buildings or associated grounds for decor ve -oxjecreational purposes shall be shielded or screened such that they do not directly or indirectly illuminate fWe the beach, or turned off after 9:00 p.m/, ui '`the period from March 1 to ,not October 31 of.each year,. (b) (Lights illuminating dune crosswalks of or any roc ward landward side of the dune line shall be turned off after 9:00 p. uring he period fro "=11arch 1 to October 31 of each year and shall not directly or indirectly illuminate the beach. .. (c) Security lighting shall be permitted through nig� long as low-pr a luminaries are used and screened in such a way that th '`l 'hts�ddoo not directly or indirectiv illuminate the beach. letec "witches . may be used. d Window treatments in windows O wit a-of-si ht of an observer standinganywhere on the beach Si ;>r lultisto "structures are required so that interior lights do not illuminate the eacP non-reflective tint or film on windows or awnitisxeferred; how w ; the use o�btack-out draperies or shade screens will suffice. =�. '" (e) All exterior light fixtures on the seaward or shore-perpendicular sides of buildings. or on the landward side of buildings if the fixtures are visible from the beach, shall be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED). low pressure sodium, or true red neon It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source mit light below 560 nanometers (nm). -Z (5) Publicly d lighting. �S reet lights and lighting at parks and other publicly owned beach access areas It be sub' to the following: (a) Whenever ssi f street lights shall be located so that the bulk of their illumination will ravel away fr the beach. The lights shall be equipped with shades or shields that will prevent backl ghting and render them not visible from the beach. I (b) i Lights at parks or other public beach access points shall be shielded or shaded. SECTION#3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated ATTACNAqEpff 6 Bold Underline: Additions to Ordinance 3 Strike-threuglh Deleted Text from Existing Ordinance 159 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted draft.doc ORDINANCE 2015- 9/11/15 DRAFT from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions iof any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION#5: INCLUSION IN THE CODE OF LAWS AND ORDI`N6&ES The prof isions of this Ordinance shall become and be madeof the Code of Laws and Ordinances of Indian River County, Florida. The sections of t Or ~ ance maybe renumbered or �� relettered to accomplish such, and the word ordinance m y change" .-"section",. "article", or any other appropriate word. 3; SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the De en J S te. This ordinance was advertised in the P -Journal on the day of , 2015, for a public hearing to be held on the di aft 0, at which time it was moved for adoption by Commissioner s'&onded by Co oner , and adopted by the following vote: L; yi :e inn 'Wesley S. Davi V ice'.i rman ' Suri Cgrnmiss% 1 ph E. Flescher issio er Tim Zorc Co °t issioner Peter D. O'Bryan - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY i I The Chairman there upon declared the ordinance duly passed and adopted this day of 2015. BY: Wesley S. Davis, Chairman AMCHMEFff 6 Bold Underline: Additions to Ordinance 4 Strike-dwough: Deleted Text from Existing Ordinance 160 M:\LDR\932.09 sea turtle lighting amend12015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted draft.doc ORDINANCE 2015- 9/11/15 DRAFT ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Cle This ordinance was filed with the Department of State on the fo lowin APPROVED AS TO FORM AND LEGAL SUFFICIE Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTE Stan Boling, AICP; Conlkunity"t�-�Iopment Di for Z., ATTACIIIWElff 6 Bold Underline: Additions to Ordinance 5 Sirikp-thmugfi- Deleted Text from Existing Ordinance 161 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend 9-11-15 highlighted draft.doc ORDINANCE 2015- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, AND CHAPTER 932, COASTAL MANAGEMENT; BY AMENDING SECTION 901.03, REVISING THE DEFINITIONS OF "ILLUMINATE" AND "TINTED OR FILMED GLASS"; BY AMENDING COASTAL MANAGEMENT SECTION 932.09,E SEA TURTLE PROTECTION; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT (ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS SOF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, AND CHAPTER 932, COASTAL MANAGEMENT, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, Definitions of "Illuminate" and "Tinted or filmed glass," as follows: . Illuminate to brighten by means of artificial lighting. In application to sea turtle protection regulations, (reference Chapter 932), ' any light source which is directly visible from ti,*o \ / feet eF less height eight vu ub harea to an observer standing anvwhere on the b the beach, 'or any lighting source not directly visible from the beach but which indirectly creates a discernible shadow on the beach area by means of reflection, shall be considered to directly or indirectly illuminate that portion of the beach regularly frequented by nesting sea turtles, and shall be considered in violation of the Sea Turtle Protection Ordinance. Tinted or filmed glass window glass which as has been covered with non-reflective window tint or film such that the material has a visible transmittance (the percent of incident radiation passing through a window) of forty-five (45) percent or less, as measured from center-of-glass. SECTION #2: Amend LDR Coastal Management Section 932.09, Sea turtle protection, as follows: Section 932.09. Sea turtle protection. (1) Purpose. The purpose of this section is to protect the threatened and endangered sea turtles which nest along the beaches of Indian River County, Florida, by safeguarding adult and hatchling sea turtles the hatehlings from sourees from the impacts of uF i€einl light. The regulations of this section also serve as a light management mechanism in furtherance of Indian River County's Sea Turtle Habitat Conservation Plan. (2) New development. It is the policy of the Indian River County board of county commissioners that no ate' teia light illuminate any area of the beaches of unincorporated Indian River County, Florida, during the period of the year when sea turtles nest (March 1 to October 311. To meet this intent, building and electrical plans for construction of single-family or multifamily dwellings, commercial or other structures, parking lots, dune walkovers, and other ATTACHMENT 7 Bold Underline: Additions to Ordinance 1 She t#reeghi Deleted Text from Existing Ordinance 162 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ORDINANCE 2015- outdoor lighting for real property, if lighting associated with such construction or development can be seen from the beach, shall be in compliance with the following: (a) Floodlights shall be prohibited. All WaH mets n exterior light fixtures on the seaward or shore-perpendicular sides of buildings or on the landward side of buildings if the fixtures are visible from the beach, shall be fitted with heeds shields and directed downward so that no light directly or indirectly illuminates the beach. Such lighting shall be Tamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such light source emit light below 560 nanometers (nm) (b) Pole lights shall be shielded in such a way that light will not illuminate areas other than the specific property boundaries of the subject site and shall not directly or indirectly illuminate the beach or dune area on the seaward side of the pole. Outdoor lighting shall be held to the minimum necessary for security_aid (c) Low-profile downward directed luminaries, with shields if necessary, shall be used in parking lots, and such lighting shall be positioned so that no light directly or indirectly illuminates the beach. (d) Dune crosswalks shall utilize low-profile, shielded downward directed luminaries so that no light directly or indirectly illuminates the beach (e) Lights on balconies shall be low-profile, shielded and downward directed fitted with heeds so that lights will not directly or indirectly illuminate the beach. (f) Tinted or filmed glass shall be used in windows and glass doors f6eing the oeenn within line-of-sight of an observer standing anywhere on the beach on single and multistory structures. (g) Temporary security lights at construction-sites shall not be mounted more than fifteen (15) feet above the ground. Illumination from the lights shall not spread beyond the boundary of the property being developed, and in no case shall those lights directly or indirectiv illuminate the beach. (3) Beachfront lighting approval. Prior to the issuance of a certificate of occupancy for any new development within view of the beach, compliance with the beachfront lighting standards set forth in this ordinance shall be approved as follows: (a) Upon completion of the construction activities, the building contractor shall provide written certification to county staff that the beachfront lighting standards of this section have been met, and the county tal planne staff shall conduct a site inspection which ineludes a night sun, - with I h hf t fighting t-urned on to verify the contractor's certification. (b) gident • The date and time of initial inspeetion; 2. The e*tent of eomplianee with the lmighting standards; • All fiFeas of obsen,ed noneemplianee, if applieeble; ATT GHMENT Bold Underline: Additions to Ordinance 2 Sl ike-tlm u& Deleted Text from Existing Ordinance 163 M•\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ORDINANCE 2015- • . The envir-onmental planner-, in In cases where remedial action is necessary, county staff shall notify the owner or developer of the results of the inspection and shall schedule a date and time for a subsequent inspection to verify that required modifications have been made for compliance with this ordinance. (4) Existing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: (a) Lights illuminating buildings or associated grounds for decorative or recreational purposes shall be shielded or screened such that they do not directly or indirectly illuminate off not Asible the beach, or turned off after 9:00 p.m. during the period from March l to October 31 of each year_ (b) Lights illuminating dune crosswalks of or any areas oceanward of the landward side of the dune line shall be turned off after 9:00 p.m. during the period from March 1 to October 31 of each year and shall not directly or indirectly illuminate the beach (c) Security lighting shall be permitted throughout the night so long as low-profile luminaries are used and screened in such a way that those lights do not directly or indirectly illuminate the beach. The use of 71MMotion detector switches . may be used. (d) Window treatments in windows feeing the oeenn 9within line-of-sight of an observer standing anywhere on the beach on single and multistory structures are required so that interior lights do not illuminate the beach. The use of non-reflective tint or film on windows or awnings is preferred; however, the use of black-out draperies or shade screens will suffice. (e) All exterior light fixtures on the seaward or shore-perpendicular sides of buildings or on the landward side of buildings if the fixtures are visible from the beach, shall be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red neon. It has been recommended by the Florida Fish and Wildlife Conservation Commission that no such li ht source emit light below 560 nanometers (nm). (5) Publicly owned lighting. Street lights and lighting at parks and other publicly owned beach access areas shall be subject to the following: (a) Whenever possible, street lights shall be located so that the bulk of their illumination will travel away from the beach. The lights shall be equipped with shades or shields that will prevent backlighting and render them not visible from the beach. (b) 'Lights at parks or other public beach access points shall be shielded or shaded. SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated ATTACHMENT 7 Bold Underline: Additions to Ordinance 3 Strike dwougl} Deleted Text from Existing Ordinance 164 M•\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ORDINANCE 2015- from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press-Journal on the day of , 2015, for a public hearing to be held on the day of , 2015, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Wesley S. Davis Vice Chairman Bob Solari Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of 52015. BY: Wesley S. Davis, Chairman ATTACHMENT 7 Bold Underline: Additions to Ordinance 4 Strike dweu& Deleted Text from Existing Ordinance 165 M•\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc ORDINANCE 2015- ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LAGAL SUFFICIENCY _ l an Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP ommunity Development Director ATTACHMEW 7 Bold Underline: Additions to Ordinance 5 SWie thrau& Deleted Text from Existing Ordinance 166 M:\LDR\932.09 sea turtle lighting amend\2015- Sea Turtle Lighting LDR Amend adopt version for 9-22-15.doc /D. A Proposed Amendments to County Sea Turtle Protection Lighting Regulations Board of County Commissioners October 13, 2015 Background • October 2014: code enforcement citation issued to an owner of a barrier island residence for sea turtle protection lighting _- violations . Allegation : unscreened interior house lighting visible from the beach after 9 p.m. during sea turtle nesting season /6,-G - A - Background . LDR Code Section 932.09(4)(d): (4) Existing development. To meet the intent of this section, lighting of existing structures which can be seen from the beach shall be in compliance with the following: ... (d) Window treatments in windows facing the ocean of single and multistory structures are required so that interior lights do not illuminate the beach. The use of tint or film on windows or awnings is preferred; however, the use of black-out draperies or shade screens will suffice. Background • Citation overturned on appeal to the Code Enforcement Board • Code Enforcement Board finding : • Light emanating from north facing windows, whether or not visible from the beach, is not subject to restriction since the north windows are not "facing the ocean." /f4 -A - 2 Background . April 7, 2015: Board of County Commissioners (BCC) discussion of apparent discrepancy in code relating to windows "facing the ocean" vs. "can be seen from the beach." BCC direction to staff: • Draft LDR amendment to delete references to "facing the ocean," replace with "in line-of-sight of the ocean." • Extend area of restricted illumination beyond the beach and include dunes. Planning & Zoning Commission Recommendations At a public hearing on June 11, 2015, the PZC reviewed proposed revisions, and recommended: • Language to restrict lighting "visible to an observer standing anywhere on the beach.." • Language to clarify the location of exterior building light fixtures subject to restrictions • That sea turtle lighting restrictions not be extended to include dune areas • That annual letters to beachfront property owners advise owners that they are responsible for the actions of anyone on their property that violates lighting restrictions, including guests and renters. l U G A-3 Florida Fish & Wildlife Conservation Commission Recommendations Define "directly visible" and "indirectly visible" light as it pertains to illumination of the beach, and regulate against both direct and indirect illumination. Require all exterior lighting fixtures, on both new and existing structures, to be lamped with a long wavelength light source, such as amber or red light emitting diodes (LED), low pressure sodium, or true red light. No such light source should emit below 560 nanometers (nm). U.S. Fish & Wildlife Service (FWS) Recommendation . In July 2014, the FWS designated critical sea turtle habitat to include "extra-tidal or dry sandy beaches from the mean high-water line to the toe of the secondary dune." For that reason, the FWS recommends prohibiting lights in the dune area. 10 A• 4 Comparison to Other Ordinances . In drafting revisions, staff compared the existing ordinance to: • State model ordinance (FAC 62B-55) • Other local ordinances: • Vero Beach, Indian River Shores • Brevard, St. Lucie and Martin counties Comparison of Sea Turtle Protection Lighting Regulations Indian River County any lighting source which is ...lighting which can be seen from (current) visible from two feet or less in the beach .window treatments in height on the beach or windows facing the ocean. creates a discernible shadow on the beach. . Indian River County ...any light source which is ...lighting which can be seen from (proposed) directly visible to an observer the beach . window treatments in standing anywhere on the windows within line-of-sight of an beach... or not directly visible observer standing anywhere on from the beach but which the beach. indirectly creates a discernible shadow on the beach by means of reflection . State "Directly illuminated" . use window treatments(e.g., (model ordinance) artificial light source which is blinds,curtains)to shield interior visible to an observer on the light from the beach beach.. "Indirectly Illuminated" ..light source not visible.. on the beach. If,�•d•5 Comparison of Sea Turtle Protection Lighting Regulations i0 Vero Beach "Illuminated" artificial eliminate interior lighting light that produces emanating from doors and windows brightness detectable to within direct line-of-sight of the an observer standing beach .. anywhere on the beach. Indian River Shores Direct illumination of the the town does not intend to beach. light of a point regulate the interior lighting of source that is sufficiently dwellings...but recommends that strong to cast a detectable beachfront residents be mindful of shadow on the beach... the potentially adverse effects... Comparison of Sea Turtle Protection Lighting Regulations Brevard County "Directly illuminated" . ...use window treatments(e.g., artificial light source blinds,curtains)to shield interior which is visible to an light from the beach. . observer on the beach. ."Indirectly Illuminated". .light source not visible. on the beach St.Lucie County (Undefined) .to prevent interior lights from illuminating the beach,window treatment. required on all windows. within line of sight of the beach . Martin County (Undefined) .. to prevent interior lights from illuminating the beach,...window treatments...required on all windows of single-and multi-story structures... Definition of "Illuminate" (Current) . LDR Section 901.03, Definitions: Illuminate to brighten by means of artificial lighting. In application to sea turtle protection regulations, (reference Chapter 932), illuminate means any light source which is visible from two (2) feet or less in height on the beach area, or any lighting which creates a discernible shadow on the beach area shall be considered to illuminate that portion of the beach regularly frequented by nesting sea turtles, and shall be considered in violation of the Sea Turtle Protection Ordinance. Definition of "Illuminate" (Proposed) . LDR Section 901.03, Definitions: Illuminate to brighten by means of artificial lighting. In application to sea turtle protection regulations, (reference Chapter 932), illuminate meang any light source which is directly visible from two (2) feet or legg in height on the beach area to an observer standing anywhere on the beach, or any lighti g source not directly visible from the beach but which indirectly creates a discernible shadow on the beach area by means of reflection, shall be considered to directly or indirectly illuminate that portion of the beach regularly frequented by nesting sea turtles, and shall be considered in violation of the Sea Turtle Protection Ordinance. Existing Development Window Treatments (Current) . LDR Section 932.09(4)(d) : (d) Window treatments in windows facing the ocean of single and multistory structures are required so that interior lights do not illuminate the beach. The use of tint or film on windows or awnings is preferred; however, the use of black-out draperies or shade screens will suffice. Existing Development Window Treatments (Proposed) . LDR Section 932.09(4)(d) : (d) Window treatments in windows facing the ocean e4 within line-of-sight of an observer standing anywhere on the beach on single and multistory structures are required so that interior lights do not illuminate the beach. The use of non-reflective tint or film on windows or awnings is preferred; however, the use of black-out draperies or shade screens will suffice. !&`-A-8 Impacts on Development Costs • Estimated additional cost of tinted windows vs. non-tinted windows: $2.00 per square foot • Example: 400 sq. ft. of combined north and south facing windows now required to be tinted: 400 x $2.00 = $800.00 additional cost • Long wavelength light source for exterior fixtures: initial cost of fixtures higher than standard fixtures, but offset by energy savings Inclusion of Dunes in Restricted Illumination Area • Staff's position - inclusion of dunes would : • Be inconsistent with the state model ordinance and with other local ordinances statewide, which do not include dunes (does not appear to be necessary to provide adequate protection, based on the model ordinance); • Effectively eliminate the allowance of any lighting within or immediately adjacent to dune areas, such as dune crossover lighting or yard edge lighting; • Be problematic for enforcement access, in that the beach is a public/accessible space that is regularly monitored, whereas private dune areas are not. int;- q•9 0 T7 QwW� AM 1 n ,AIN., 4w All 'NEW iJ �jk X15 P, L • AMR, qv 4A V! _42, - Aw3n jaw Ull" i V. 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' "< gt ''-'t' "�yy INDIAN RIVER COUNTY SANDY BEACH SYSTEM Backshorereshore Surf Zon reaker Zonk Offshore ach Mean High ter (MHW) y.-.d• ' .\ Ztirw d�...sCn:l[tOSk7 Srivy u3aII< Dune roccan�'•� ��.,- �_ -�,y _z 5�rcom t:iC yea:s"s'w, - L' ,• - '�.e Toe of.Dune Berm - NearsRee hom f ` Current LDR Definitions of "Beach" and "Dune" Beach that area of unconsolidated material that extends landward from the seasonal mean low water line of a waterbody to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves). . Dune a mound or ridge of loose sediments, usually sand-sized, lying landward of the beach, and deposited by natural or artificial means. _ � r F'':-;•, eJ �� ��z"a�1�Y�� �s>.,"tiA i:/ �..+�elr."' i.cP4;£r',..e.' 6• .�...ar T� ;.;r:yyr:.:c '+ �"s' < '� .r.�i-�^"LL'�`.ia`••+.6`� Y "" SID;' ha JA _' '4',y.,� fityi" �"'•y4..- _ tee,: K•.v ✓°. X,',^ ,a� f"•'^li^Y.°-.�A. G:-a � .51.°',y , _4 W.l.�.. "''`,Y"'' 1.�•^«,:,;�:✓ =q .t:"-^+ z:...' •'?iI•�t.,`.'':dt�:.='ejf p° t'°-�' S. 'C7 dN" 'i' iv+ 'j A' r -� -c - £"v=`.: .'µE 'C ^�'� `gip-" .tKh _ .„e_--r, µ:r" � w,'s.,�.s, ;C3��v..• ;,,K. "`� •' �_.,. p.-: ,.° _ .�ep.`p`S+�Af•-.� '� }°a.Y.i- - -;.,•'' " �6yYTM;A'°tr y'S' s _"v` zS-� f�. .a'a _pa *Yc.2s},,a �'"ef -_ � R° a° '"� s""� a '.'z?'-.^Ix,�%""''.,,. ,�-.x�,t�-.-.5:g,`•.'h7 3: �-'_A 4:x..t�`, -- �,.•.... ,s r3� is.:-s_a.._°s= �`' �s'=k"R,��=. #ds '� �,� �.rs„ �-`A �,� '�;`',"�-A>` �__g.,{{• •`.sus-� -- � ,.y--•�-• _ lib •A• 12 y _ i Y�• „ .tips.; � .,t' S �y�P.'- Si.-'�lyr6�~ ---=-- M1":w';_ �r'ti,.r.%"°.h`.:'"�'�.5�•`,.,y - "-_mow-:.,._,:�`• .��...•�,_- .�� ;°�,...�%; •..F, '�:�:�-. �°�,- _�'.. ',> _ - �s.,�:-'n''��°'�'.,.�'�i• �,,y � '.�,�-.�' �:w.•.,:�_^`��µ`,�":,�:����� .r�„":"r''n'.we^ate"• cv VV iNX v'a., =� -_.w ,•�;.�- �y '`',j %y �a'' pA: '� 4e^"c','... -ca' #x3- �l'._A .q;;'". tl �r,'i: £4$Y�•x'.i.`� ::''� _p,��. ��.- '3�.�.���A"''re'v'",�' ::�'�.*v"�;;`-";�,�::_ - ���"`'".ate""_,.§�'�.:,'.&;e.''� '`.`�i-T.'�n- "I?'"`,�•=a. -�xzst':'�", .'"�s � =y•�s': � =; �'�'w�r�_�,Y,-`' '�. 4,�'� ��.�<�E- r€ •ter: ^'' �' � :. ��- ' ' � _ T" i .i:-2G,`Y,'. `hs^4.y�:rR ��.� : .•,L" 3i}"w`.ter, "g`-amu' °� Other Proposed Revisions • Clarification that tinted or filmed glass visible transmittance is measured from center-of-glass (consistent with building code) • Revisions to the "purpose" section: • Reference to impacts on adult sea turtles as well as hatchlings • Reference to County's Sea Turtle Habitat Conservation Plan • Revisions to beachfront lighting approval procedures (consistent with building inspection procedures) ju, .A. 13 Staff Recommendation • Staff recommends that the Board of County Commissioners adopt the proposed ordinance amendment; and . Approve the revised language in the annual letter sent to beachfront property owners, advising that owners are responsible for the actions of anyone on their property that violates lighting restrictions, including guests and renters. Forest z Shrub cz> Dune Bare grass sand rear,, dune"`%' second dry ;,dune fore beach wetdune beach lid A.14 MENT Op . Us. o�PP` "F•ym United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office r, CH 1e°� 1339 20`h Street �°•w*o., ,fi- Vero Beach, Florida 32960 October 9, 2015 RECEIVED Indian River County Administrator's Office OCT 6-9,2015 Board of County Commission 1801 27th Street BOARD OF COUNTY Vero Beach. Florida 32960 COMMISSION Dear Board Members: This letter is in response to the draft revisions to Indian River County's (County) Sea Turtle Protection Lighting Regulation (Regulation), which is scheduled to be voted on by the Board of County Commissioners on October 13, 2015. The purpose of the County's Regulation is to protect federally listed sea turtles from the impacts of artificial light as outlined in the County's Sea Turtle Habitat Conservation Plan and Incidental Take Permit TE057875-0. The U.S. Fish and Wildlife Service (Service) asserts that the revision should include a prohibition of lights on the dune to effectively protect sea turtles. i i In July 2014, the Service designated critical habitat for the loggerhead sea turtle (Caretta caretta) under the Endangered Species Act of 1973, as amended (Act) (87, Stat. 884; 16 U.S.C. 1531 et seq.). The nesting beach in designated critical habitat includes the extra-tidal or dry sandy beaches from the mean high-water line to the toe of the secondary dune. Although green sea turtles (Chelonia mydas) are more likely to nest in the dune, data clearly demonstrates that both green and loggerhead sea turtles nest in the dune. In the County's proposed revised Regulation "illuminate" is defined as "any light source which is visible to an observer on the beach, or any lighting which creates a discernible shadow on the beach area shall be considered to illuminate that portion of the beach regularly frequented by nesting sea turtles, and shall be considered in violation of the Sea Turtle Protection Ordinance." Although the proposed Regulation outlines the "beach" to ensure that light is not visible where sea turtles nest, it does not address the dune. Data clearly shows that sea turtles nest in the dune, and therefore, this area should also be addressed in the Regulation. Enforcement of the local lighting ordinance is critical to avoid adverse effects to sea turtles. Failure to do so can lead to sea turtle mortality and potential liability of those who fail to comply with the lighting ordinance by making them subject to the civil and criminal penalties of section 9 of the Act and its implementing regulations, which make it unlawful for any person to "take" any endangered or threatened species within the United States [16 U.S.C. 1538(a)(1)(13)]. Section 3(18) of the Act defines "take'' to mean "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct." While the Service does not enforce violations of local lighting ordinance, we are charged with enforcing the prohibition against the taking of sea turtles due to artificial lights visible from the sea turtle 1 �,G •B . I . A - Treasure Coast Newspapers TCPAIM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below.Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number , Cooyline PO# 463755-INDIAN RIVER CO PLANNING DEPT 673688 Public Hearing:9/22/15:Sea Turtle Hearing:9/22/15 Pub Dates September 7,2015 Sworn to a d su scri ed before me this daTrptember 04,2015,by A who is Sherri Cipriani (X)personally known to me or )who has produced as identification. 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O dwLINbP.0.Bm901b.5tu- phone(]TU 398.1600.Y06 Coa3ttyy Co.,d.ion Cham- mental st:0 az QUAUFlCARONS NI letters of Ntvest an0 - FL 3199;The olrsay7 y have a copy of your bars d the County AdmW s- 2161237. Statements of Qua6fi and C repramtntix's er L.d Se per• vv0cal remrtl Uatnfeved traWn gu001n9.locn[e0 at ANYONE VMO NEEDS A SPE- COt A an Aping Is a Pdvitp ant Experience for Ne pv- L •` zmd representative's attw- N a D.hysWm°f your 4Wtt Ilial,1]N StreeL Vm Beach. GAL ACCOMMIIDATION FOR ren-profit mentation ori- formance of m examiwtion nq runts and addresses at re tltarg!wlUl a signed Florida,°n Toesbar ofgtlpapy Sep[em- MS MEETING MIST CON• DWl:d.b part WN Federal, t Ne fl,of staceme AD veditfo�rshd the dexde:rt PUR ppuu"hedppymysst 1],2431. Arryone orb Jvay wlstl,t0 C4T 6RWIix°U DI�AwR SABIt 59 prodde saaalit(vn� ant Ergcords of t!•lut br M aNer Dersons harii9 SeOter.Ner T,3015 a0peal am/demloa vMch aCT(AOA)COORDINATORAT and tmruportalion t°Na L75cai yev 2015. N ncmr. Y = tla ms or demand a9am i TCN613561 may be made at h s mea- 2261223 AT!01ST Ia HOURS dams of SL ode Ce Lb. dance wiN the cu cot Gov N!daudmtY afore,on w1 rorty To enwrc Nat IN ADVANCE 6 THE MEET• Cor rB m Aging of SL Lude cot Aute Sm t G— (� ID atopy of Nis d NOTICE d�serDalDn ra d Ol Ne .0. Ire,.tepnuaBned meal CYAvx Baok')md Nele9tl Q _ eRu4ed N be same my[ RG Towers,1C is pmDOWv oDcoI�0 N95e e[yw inn �o dvs N suppry food far d repDw wy roe0u[men s ' fCaUrt eWfiMN THE LATER OF torch n IZbfaol avert. MGenee uponN c0.Ne BOARD Of COVY r m els on wheels w°- to bulWt b°tn Ibe pmihd a Q 3 MONTH-0.REP THE DATE he OM monvpina w Npoola COMWSAONERS a Vmdtiv wsL�rodtls to OMB A-Ill and Ne Sing!! 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BY:Wesfey5.Davi;CAairman —•---- q5.desserLaM supPOes Ine�Attm EveO Jennmgi .. decetlent a•W aNer persons 6vpoGtzl Propoozned � TCN 6T3I2t Da T.2015 eQ{tt52 for BIQSr �rctltwa-Xad of all SL ludo 3a98a BIW.P°rt being intros w demands mfg y nm mafedals whiN indicate CTI ➢ofnst Ne deced[r.YS NCm•dam•DWeinps.,tt+°°- COUNCIL ON AGING OF ST. interest N CouncO m Ap4y Apenry Facts Year, estate must fie Neb tlaicfz Ives wObltds srymi t WO ICE OF PUBLICMEARWG IUGEINC.S REQUEST FOR ISL WtlS NL,Attm Eve0. Itdy43015- O Mlh Nb Cwrt WITH.3 IN a�.•.r.m hbtory,wchae- STATFMINi Oi lembgs,1501 SW eayzhorc Am Ta 2015 MONTHS AFTER THE DATE obpY pinettI.•or cfd- NOTICE IS HEREBY GIVEN that QWt1RCARON3 C OF THE FIRST PUBUCAROV �° ate °r dttv the Board of County Com Part St. Led FL 31981. Respaece ea!date Wd- O Of TNS NonCE d digiMe Ica lis•.uq missbpers of Ndian River CmmcB mApbp bagivate, peau sated the Fl. Uri¢ Sep:eaNer 15.3015 at L00 ALL CLAVAS NOT RLJLYMH- le Ne 11121OW alvX1 W Coviry Fl°r6tla sha0 hoW a rmo-pr°fit orpaNzaUm zuy N W THE TIME PmoDS SET Hbd.Place;Commv s D m haW9 az d h par b ed h pa L w N Federc L rtter of L b art fnd-aat- Pad 1 FORTH IN THE FLORIDA yertaWn9 spednwh to Uv b L hereat and dU2ms SUte ant Lxtl grant land- bq Ne f Y auaOfkaUms, Wactbn caro be ode b O STARFlES WILL B=FOREVER l;bt➢dc resources may be shAo hex an ooportudry —PraV Sova!rad rioted e�vimce antl 1.t accwdantt wiN Ne a9en i N EmirOmnmW Cor N be heard b N =., and IrMtiportaiion[a Ne n,• oY•a c maeVUv<Drocuro- NOTYlfi1JSTANDING THE TIME ppaarrWon of AmedCt ATTN: Commission Chambers f resbents 0l St Wcie County. 1 TO aua8ty,Ne L titWon went WPcess Nat btlutla EO C ODS SET FORTH ABOVE DNa akAl U15 Union TOB Ne taunt,Administration Couod m Agingp M SL Wtlqq the hrswed by compo- m evaluation of the State- O ANY LWM FllID TWO R) 1 dVstrFal Court,Sult!A. B°Bdinglwled at 16012TH I� is Hny q�aIIDed Nc that W uC Norizld vp(puapNcatioa Inter• y a YEARS OR MORE AREA THE Alphwetta,Gecooorgia 10001. Street.Vera Beach,Rpdda, Nana N prwke benkin sec- eo blulness in Ne State News vrOl be at h.rearewesi T C Q E REm 5 DATE OF PEATH It'R10j 661-2610 esLclll 1015 out}OYO Samptto mns70;- eM d mW NOr �d of Ronda,(b)have,pert f the 5llecWn Caor,J ee. J V O rh!first padfpazian dare al Co,,.—must be retired vadapW.°fan.rdlrab- on All. of L Lude Int, °p0n aY be—do to Rorno plda. WsMBtasyswl�Bl be post pat I50rt L _ NIS Notiu bAu➢.431,2015 wiNb l0 da Sol the date of UUed: m d eapmditures aria Ic7 have as Bes[Y rating Ludt R N961BIv�d-1.3p C V Nb retic (0.1110) AN ORDINANCE OF INDIAN ss[eLetl ST mlBion. 66,, pp > O V U) Pvsotul ReprlSln[ativC Rrb,.F. bv1.2015 WVU COUNTY, FLORIDA. interested Utditutimtz S1,Wd ctian:ety cc Pt+ble t° gea�seYivtOailt NefoDlOwdn£m THOM45 FRANCS VALFNTINO TCNWLM CONCERNING AMINOMFNTS Acbmlt two pi f W TO ITS LAND DEVELOP4.FM [!rials hkiJ Indieaf0 f3•parWipaOyl L lEitV Of Intmst Intlkat• ��nry 13155.E 0aivmr:t lane REGiM1AnONS(WISY.PRO- Interest NCounty on A➢Drg ALivod 2 Q v/J Port Sllixit Florida3194 f-. - '-- .l WWNG FOR AMINOMEMS ISL Wde.Inc.AIW E_0. bm<ourcpad. byythe flan,—lificati°ns• Attorney for Panoral blit Notices reMted aperbnce and abb Rewesm,: �� "--•- TO CHAPTER 901,D01NI- lewdy 2501 SW Bayshara �y Y Fiscal Y— IFYRS FINDER,A[Wr NOTICEOFMEEnNG TIO.YS,AND CHAPTER 912. Blvd- A"y,ZC1IS- 2.ry Copy 1 Professional Florida Bar Na 188813 COASTAL MANAGEMENT;BY Part SL Lude R wing: 3v:b 30.ZO16 LicensevdappBcableUssw- ]mCalwad.Axmte TH.0MNGAUMORITYOF AMINWNG SECTION 9011, pease Se the fall cwen0e Smart,Flortla 31991 THE CITY OF FORT PIERCE REVISING THE OMINTONS Response tyre da[c cote TtlCM°nC((7T]2)183-IIII FLORIDA OF ItLUWNATE'AND TNT- L Letter of Interest mNcat- Sc;,=ber B.201Saz LO0,— Mbwity partkipation Fu,n 1[wrin'JgnuBrs. 511 ORANGEAVIME FD OR FILMED GLASS':BY 770re0 tib(bray aua0firatbits, bt�mum9ed Pub:Auptrst 11 Seytvaher 7, FORT NW FORMA 3!950 AMINDING COASTAL MAN- rc3azed expMertce ant ebb Sd.li-w0 be de In PtW Septrrdxr 7,1015 3.5 (TTZ)1266127 AM=SECTION 931019, Ity. art4rdan[!rriN N!igen• TCN 681915 TCN663!51 SFA TURRE PROTECTION; c.. c—I,ith Drocvre- Th!R=Board Mae Uvg of AND BY PROVIDING FOR L To aoafity•Ne InstituNen t process Nat bdUda Ne Boartl of Commissimesa RVEAL OF CONRICTWG tDeaFederalw5[ate of 01 RC HOuing AUNodty of PROVI9ON$;COUIFICARin ON; Florida Chartered bk vriN m eydWtlop Of the State, e:i Real Estate (tf SEVERABILITY:AND EFFEC- faces located wiWn Ne Qmeal EsTaTe TIVE DATE Gtv Nim of Port K WdeTDeeYmpFAe L'kPJG! CO e"•-�-^�- sou townie. B appt- andFprtpaet. mtf+�Dtnmd �•••tl cT ru , erta"aDtd ret�`a;°ednt5`I"addd MmodlYlbrudpauon T�kLMloalfieds O X O Z Z J o z � z �5 • L E D Z MID 2 c CL O_ I— i ) Lcn U '`5.f;';'.$•- mss•.w�fta'L;,``.I_r;. UN & 8"T IPN BU�OLO UL LC) HOre@ 04 s � o o Announcements Merchandise Pets&Supplies Financial Employment Rentals e Q ' Real Estate Transportation Public Notices Garage Sales Health Business &Wellness &Service C O tc�� •C a . ' b INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: i Stan Boling, AlP Community Development Director THROUGH: John McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: October 5, 2015 SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of October 13, 2015. DESCRIPTION AND CONDITIONS: Please jbe advised that the following public hearing items have been scheduled for Board consideration: October 20, 2015 1. 790 AlA, LLC's Request for Conceptual Planned Development (PD) Plan and Special Exception Approval for a Project to be known as Sandy Lane PD [PD-15-07-02 - .2014060029-74612] [Quasi-Judicial] 2. Consideration of an Ordinance to Amend (Update) County Code Chapter 800, Title VIII, 'Comprehensive Plan of the Code of Indian River County [Legislative] RECOMMENDATION: I The above referenced public hearing items are provided for the Board's information. No action is needed at this time. APPROVED AGENDA ITEM: Indian River Co. AMoved Date Admin. FOR- October 13 2015 Legal Budget 6 (` BY: A Dept. Risk Mgr. 167 FACommunity Development\CurDev\public hearings\BCC\2015\10-13-15 public hearing notice to board.doc 1 COUNTY ADMINISTRATOR INDIAN RIVER COUNTY MEMORANDUM TO: Joseph Baird, County Administrator FROM: Colleen Peterson, Human Resources Manager DATE: September 29, 2015 i SUBJECT: Recruitment of New County Administrator Background At its meeting of September 15, 2015, the Board of County Commissioners directed staff to develop timelines and determine the cost of recruiting a new County Administrator utilizing different approaches, such as using a consultant to recruit outside candidates or hiring from withinthe organization. There are primarily five available options for the Board to choose from to recruit and select a new County Administrator. These options include: Option #1 —Advertise the position internally and select an internal candidate: The cost of advertising internally for a new County Administrator is negligible. After applications have been received, it is estimated that it will take an additional 45 days to review applications, conduct interviews, make a selection, and negotiate an employment contract. Option #2—Forego advertising the position and appoint an internal candidate: This option would be the quickest method, and there would not be any associated cost. It is estimated that 30 days would be needed for staff to negotiate an employment contract with the appointee. Option #3 — Advertise the position externally in publications geared to County management and handle the entire process in-house: The cost of advertising in various publications is estimated to cost $2,000. The time frame to recruit and select a County Administrator would be four to five months. Option #4—Receive placement assistance from Florida Association of Counties (FAC): Florida Association of Counties (FAC) charges a flat fee of$5,000, and they assist County staff by providing suggestions and recommendations regarding the recruitment process. Expenses 168 i i incurred by FAC, such as conference calls, mileage, travel, and other administrative costs, are included within their fee, and any remaining funds will be retained for their mission in support of educating County Administrators throughout Florida. The County would be responsible for the costs associated with advertising the position and any reimbursements of travel and per diem for candidates. FAC facilitates a volunteer group of Florida county administrators and/or former county administrators to' review the qualifications of the list of candidates and reports the findings of that review to the Board. County staff would be responsible for placing all advertisements, soliciting applicants, receiving the applications, screening the applicants, conducting the background checks of applicants, and scheduling and coordinating the interviews. County staff would also be responsible for negotiating the terms of any employment offer. FAC states it can deliver a candidate review report to the Board within 90 days of the parties entering into an agreement. The Board would then need to conduct interviews and make a selection, and County staff would need to conduct, background checks and negotiate an employment contract. This would take approximately an additional 3-4 weeks. The total time frame is four months. Attached is a copy of an agreement between FAC and Santa Rosa County that outlines the services FAC provides (see Attachment #1). Option #5—Retain a search firm: Staff contacted three executive search firms (Slavin Management Consultants, Inc.; Colin Baenziger & Associates; and The Mercer Group, Inc.). Their fees, including expenses, range from $14,750 to $23,250. A search firm will prepare a detailed position profile that provides applicants with a good idea of what the agency is looking for. In addition, a search firm will work with the Board in narrowing down candidates for further consideration and interview, and they will also facilitate the interview process, perform background checks for finalists, and provide assistance in negotiating terms of employment with the successful candidate. The County would be responsible for any reimbursements of travel and per diem for candidates. Development of a position profile and advertisement with a search firm typically takes 30-45 days. Advertising of the position is generally done for 60 days. After the close of the application period, the search firm will provide a recommended list of candidates to the Board within 15 days. It will take approximately another 2 weeks for the Board to conduct interviews and 1-2 weeks for the search firm to conduct background checks and negotiate an employment contract. The total time frame is five to six months. Attached are examples of County Administrator position profiles created for Alachua County and Citt rus County (see Attachments #2 and#3). Additional Information: Attached is a document entitled "Typical City, Town or County Manager/Administrator Search Options, Process and Timeline" that was obtained from the Senior Advisor Program of the International City/County Management Association (ICMA) (see Attachment #4). This 169 document also provides an overview of the options listed above for conducting a search for a new County Administrator plus one additional option, the FCCMA Senior Advisor Program. However, Indian River County is not eligible to use the Senior Advisor Program as the size of Indian River County is outside the scope of the Senior Advisor Program's placement program. The Senior Advisor Program provides assistance to smaller jurisdictions that may lack resources to do a search on their own or hire a search firm. I Attachments: #1 —Agreement Between FAC and Santa Rosa County #2—Position Profile for Alachua County #3 —Position Profile for Citrus County #4—ICMA Search Options, Process and Timeline APPROVED FOR AGENDA: w,f,4 A. Sa4;iJ.., Jos A. Baird, County Administrator Date Approval Date Admin. Legal Bud et Dept. Risk Mgmt. 170 i I { i i Attachment #1 NI 1\ V .111t1� i .lune 24, 2015 i Hunter Walker, County Administrator Santa Rosa County Board of County Commissioners 6495 Caroline Street, Ste. D Milton, FL 32570 Re: Florida Association of County Managers Consulting r Dear Mr.Walker. Thank you for reaching out to the Florida Association of County Managers.("the Assgciation' regarding your upcoming search for a new County Administrator. We unddrstand that Santa Rosa County will soon be embarking upon a process to hire your successor. It is the Association's pleasure to propose to assist you in this effort. i A county's selection of a county administrator is one of the most crucial decisions a Boaid of County Commissioners makes for its community. The professional execution of county commissions' policy decisions Is the foundation of a.healthy. thriving county. In recognition of the importance of this selection, the Association has launched a new initidtive to provide recruiting guidance and peer review services to those counties that desire assistance. I ThelAssociation proposes the following terms of engagement: i Florida Association of County.Manager's Inc. Responsibilities If the County chooses to take the Association up on its unique offer, the Association will assist the County with the following tasks: j i t i I I t Florida Association of County Managers 100 South Monroe Street l Tallahassee, FL 32301 I 171 I' I I I i 4 (1) Brief Board members on the best practices for the recruitment process of a professional administrator, (2) Assist County staff, through the provision of recommendations on recruitment techniques, by providing suggestions on where to place y advertisements to solicit qualified applicants and suggestions on the wording of the County's recruitment profile and advertisement for the position; (3) Assist the Board and County staff to develop a list of identified characteristics and attributes of a successful candidate, the appropriate selection criteria, and a suggested selection process and timeline; and (4) Facilitate a volunteer group of Florida county administrators and/or former t county administrators to review the qualifications of the list of candidates, as the list-is identified by the Board and/or County staff for review, and to report the findings of that review to the Board and/or County staff, as directed. Note: this group will review external candidates only with review of internal candidates being the responsibility of County staff. j (5) Pursuant to item (4) above, the Association will recommend a short list of i external candidates for consideration. 1 CountyResponsibilities Countystaff would tie responsible for carrying out the suggestions provided in (1), (2), and(3)above,.including but not limited to receiving the applications,screening the applicants, conducting the background checks of applicants, placing (or being responsible for placing) all advertisements soliciting applicants, scheduling and coordination of interviews-and other necessary or requested County meetings related to the recruitment and selection process. The County would also be wholly responsible for neg> ttating the terms of any employment offer and will provide the primary point of contact for all questions and inquiries relating to the recruitment process. I Compensation The Association proposes a flat fee of a$5,000.00.This fee will be used to cover direct and indirect costs associated with the services and any remaining funds will be retained for the Association's mission in support of educating County Administrators throughout Florida. I The Association will not invoice the County for the$5;000.00 until the delivery of the candidate review report and short list. Upon delivery of that report, this arrangement will terminate. In addition,if either the Association or the County believe it Is in their individual best interests to end this particular arrangement, either one can do so by providing written notice to the other(via US Mail, facsimile or email). Once that notice is received, this arrangement will be at an end. The County will have no financial obligation to the Association if termination by either party is sought before the delivery of the Florida county administrator candidate review report. Costs E The County will solely bear the costs of its activities and responsibilities for the filling of the county administrator position (including, by way of example only, the costs of i Page 2 of 3 172 i i advertising for the position, any reimbursements of travel and per diem for candidates, copying, overhead, and postage). Expenses incurred by the Association relating to this I ffort including conference calls, mileage,travel, copying, and other administrative costs are.ihcluded within the $5,000 fee. There will be no additional obligations on the part of the County for the Association's costs. It is anticipated that most of the work under this arrangement will be conducted by way of ccinference call. However, the Association is offering to include two trips to the County for meetings, briefings, and workshops, as requested by the County. If there are additional trips that the County requests of the Association, the Association and the County will mutually agree on a rate of cost reimbursement for the Association from the County. Tmeline The Association understands the County's need to move efficiently, quickly and aelib'Orately. The Association believes that it can deliver the Florida county administrator candidate review report within 90 days of the County's counter signature to this letter. Association Point of Contact The Association anticipates that Mr. Vince Long, Leon County Administrator, President Of FACM, will be the primary point of contact for the Association under this arrangement. County Point of Contact The Association anticipates that Hunter Walker, Santa Rosa County Administrator, will be the primary point of contact for Santa Rosa County under this agreement. if this letter and its contents are agreeable to the County, please sign and date at the bottom of this letter. Then, please return the counter signed letter to the attention of Mr. Long at the Association. i We are excited about this collaboration and took forward to assisting the County in this crucial decision. _ I Sincerely, VincAnt S. Long President I Agre�d t .by ANTA ROJA COU LORIDA Hunter Walkbr, County Administrator Santa Rosa lbounty Board of County Commissioners This I day of4wore;2015 1 ju.�N i Page 3 of 3 t 173 z iso ��-'�•='s' '�� L4:_ I Attachment #2 z ` Al a- hua noun ,'ti•','�y-:i,h ":- e.L'. �.: �..-' +••�K27r�'-`_.._ .�. _.�F�= IR-6 .............. P25 -'s uS- �' 3 ' ; r :&. ' -�. •'�Y' ''rt'- :- ti'':: .-� Lam'_'t -.�..�".' <.•' ns 7 a: :er-Posit}r®nAvailable�-A' _ _' - ' = - r = ,gib. �Au st 182.0,.14 ✓ lL` J* -5�y-.-+Q."' �'�+� -�_ �-'`.,,. _ iR1--_ _ '••2v:h�`.��-moi ''+'-���;'.5��� .n..f�S -"��--. Yo.'�N.45=. w.Yx...:R..'-• _ - vL-s:�.:�- .s_iA--.'f+�..ir-..-.-_..'nK•-"r�..i:ci---":_-.1 t� Welcome to Alachua County! ��;;�v�R Y�Y}� ,•._ Located in north-central Florida along the I-75 corridor, Alachua County is the place, "Where Nature and Culture Meet", a community that values wild places and public spaces. ��', _.. .,;,, •� The county seat,Gainesville,is a vibrant,energetic f _ and diverse community with much to offer in terms of major sporting and cultural events. It is ' " home not just to the University of Florida but also to Santa Fe College. While the former is better known, the latter is one of the country's premier public colleges,with 24,000 students and ranks in n _ `°# the Top 10 nationally in the number of Associate K+ !: Degrees awarded. As a result, the County has the highest level of educational achievement in the State of Florida. Another result is the area is known for innovation and as a business incubator. Gainesville is also home to one of the nation's premier healthcare systems - University of �;. Florida Health was named one of the country's best hospitals in 2013. These resources mean Alachua County is a leading center of education, innovation,medicine,cultural events and athletics. f��i� - i� - ;w� �, .�• f, But there is more. North of Gainesville among s` ...ryr- •- �, ' �;, , , the rolling hills and piney woods is the town of Alachua. Its Main Street of small family owned shops has the look and feel of what small town 174 i i I America should be.It is also home to the largest �� Se'�ItiZY��-•�*� . ,$}fit�j� fib_: ^. '• ._ -_ concentration of e , k � 15 o fresh water natural springs in __ y ? r3 � "tY � �' the world.If rock and roll is your passion,visit { t <7 R ,aa SsiJ'�2C�r� u ^•!ty%!�ar��`._ i.,.� �. Hawthorne to the east where Bo Diddley lived ': for many years. Travel southwest and you'll find quaint shops and art galleries in the old railroad town ofArcher,were os spent is last � hBhl .r; .•,fry�T a7,�. tip• years. Not to be missed is the Yulee Railroad Days festival. While y e you can get there easily �.z by car, if beautiful scenery beckons y to you, you can traverse the 16 miles by bicycle on the �+";'_-;fir; ',�-"" _ �-��.�,;�- ;�_ �••'�'�� ��� Gainesville-Hawthorne trail.High Springs is an ��# - f f or many. international ecotourism destination �. "�• ,�,:� ��, ���_ �,^: ~J Its stunningfreshwater springs make rivers and fr '" :s-.�•�4 -�_ -���` �...,�-"-�` �- it well worth the visit. Poe Springs, one of the springs in this area is owned and operated by the County. On the banks of Lake Santa . ;g•=��s Fe lies Melrose an unincorporated town that �. sits in four counties and makes good use of its proximity. Boating and fishing are excellent here. Then there is Micanopy with its intense small town I charm and picturesque streets, both of which have made it the choice location for two major motion pictures.Even better,it is known for the best antique shopping in Florida. - Next stop-Newberry which was developed as ..y'i a aRt-•I• f- 1+-.a a mining town when phosphate was discovered �T� �- • `.�.:�- ;`•�.� "h vh�it'savc..3'°C'?� e and which maintains a Historic District on the National Registerf Hi o Historic Places. Zlk ;_ And do not, whatever you do, miss its annual }_ s=r'<,. pit _ s�'��a�-,':%T•:c t. eL 1. o-.y`ie•'.-tclr`'-R' ,.:. i ,. �•� Watermelon Festival. Nearby Waldo, with its4,': '` :. �' i4I F` ;;� � �''�' `� .nom.:•..:_.. VV - old red caboose in the city'sark park, its past as a hub for 1 th century p 9 travelers. Enjoyro o�iie i some more antiquing,too,while you're there. ' ^; �- ncr yr-._., t�:,i�cy::iiP:.c'�-3 , _ •�-.t `,k:.9.' ;,_��k If you prefer outdoor activities that are ' >' ,. -j ;,� _iw, more physical in nature, the County offers ` many opportunities. Golf courses and parks i � '-4m �.,'^,' t'r` �,a= (including Paynes Prairie Preserve State Park �- dot the County. Trails are plentiful and the County is always looking for ways to add to x �rf _ -r,`E•r ,,-:''-i " its system. Its rivers and lakes also offer many '_,, water adventures.Hunting can be found nearby if that strikes your fancy. 5a It should be noted that the Countyis committed to preserving the environment while managing growth and protecting its extraordinary quality of life. Overall, housing prices are reasonable County Manager I Alachua County, Florida - - 175 1 and crime is low. The County has a strong public school settlement and trading and new towns were spawned as a system — of its 47 schools, 28 are magnet schools. The result.The first two decades of the 20th century brought variety and complexity of the County also means it offers Alachua County's agricultural-based economy troubled a wide range of employment opportunities for the young, times as the boll weevil blighted the cotton crops and old and those in between.It is a place where a spouse will World War I brought an end to the phosphate industry in find many opportunities for fulfilling employment or to the area. contribute to the community in other ways. Still,one of the most significant events in the history of the The County is located 70 miles southwest of Jacksonville, county occurred in 1905,when Gainesville was chosen as 100 miles northwest of Orlando,and 139 miles northeast the site for the University of Florida.When the university of Tampa. While all have major airports, Gainesville opened a year later, it had only 102 students, 15 faculty Regional Airport offers flights by American, Delta, and two unfinished buildings. During the years before United, Silver and US Air. If you like to cruise, the ports World War II, the county witnessed the construction of of Jacksonville and Tampa are within easy reach and Port a magnificent new post office, the White House Hotel, Canaveral is not much further away. Orlando's theme Trinity Church,the Seagle Building and a public hospital. parks are two hours to the southeast.The Atlantic Ocean It also began an era of constant but not burdensome beaches are a little over an hour to the east and travel time growth(see Table I). to the Gulf of Mexico is about the same. Table I:Alachua County Population What makes Alachua County special, however, is its - residents. They tend to be bright, friendly and involved. Year Population With the University and College here,it is not hard to find — — ------ an expert on virtually any subject and someone who is 1960 j— 74,074 willing to volunteer some time. Neighbors tend to help 1970 i 104,764 neighbors and are proud of their community. In short, -- -----�- Alachua County really is an ideal place to live,work,play 1980 151,348 and raise a family!Y 1990 181,596 History 2000 217,955 2010 247,336 Long before the Spaniards arrived in Florida, Alachua County's unique combination of fertile soil, broad Source:U.S.Census Bureau prairies, clear lakes and abundant game had spawned a complex Indian civilization called Timucuan. Later, The postwar era brought Alachua County a tremendous during the '16th century, DeSoto and other Spanish population growth and economic expansion. The explorers plundered the region. Franciscan priests then influx of thousands of veterans seeking an education arrived and founded missions. Finally the ranchers came transformed both the university and Gainesville. The and established a large cattle ranch on Payne's Prairie. university expanded to more than 9,000 students,began admitting women in 1947 and built a medical school In 1774, British naturalist William Bartram visited the shortly thereafter. Alachua region twice and described its natural beauty and scenic wonders. Originally part of the Arredondo In the years that followed, the County's smaller towns, grant, Alachua County ("Alachua' is thought to be a once farm centers,became havens for artists,retirees and Spanish corruption of the Timucuan word for "big jug" Gainesville professionals. They also attracted tourists to or some say"sink hole")was created in 1824 as a massive their historic downtowns. county, extending from the Georgia border to Tampa Bay. Constant partitioning and The Second Seminole Demographics War slowed the county's development, but the coming of the Florida Railroad opened Florida's interior for both The County's current population is estimated to be 3 County Manager I Alachua County, Florida 176 Table Il:Temperatures and Precipation in Gainesville '—C "-Y'ea�r Month Jan FX Mar Apr May Jun Jul Aug SepOct Nov t; T Average High T 66 70 75 80 87 90 1 91 90 88 81 1 74 68 80 T - Average Low'F 42 45 50 55 62 69 71 1 72 69 61 1 51 44 58 Precipitation Inches I 3.4 3.4 I 4.3 r 2.7 1 2.5 i 6.9 i 6.0 6.3 i 4.8 2.8 2.1 2.4 46.5 Source:NO kA approximately 253,450. Its largest city, Gainesville has throughout the year(see Table II).In summer,the region a population estimated to be 127,480. According to the is largely under the influence of moist, maritime airflow. 2013 Census population estimates, 18%of the population The coldest month is usually quite mild, although frosts is under 18, 12% are 65 and over and over 17,000 are are not uncommon.From time to time hurricanes do pass veterans.The median age is 30.1,well below the national through the area but they are relatively weak and minor in median age of 37.2 and was largely the result of the scope. student population. 63%of the population is Caucasian, 20%AfricanAmerican, 9%Hispanic, 6% Asian and the Commerce remainder is icomposed of"other" 91%of the population over 25 years of age has a high school degree; 21%have The Alachua County region is blessed with the University Bachelor's degrees and another 20% have advanced of Florida, which is ranked among the top public degrees.90%of the county's populations were born in the universities in licensing technologies and bringing them United States and 48%were born in Florida.The median to market.With an innovative atmosphere and a business annual household income is $42,818, and 24% of all climate that fosters the growth of these companies, families five below the poverty fine. Alachua County is becoming a global hub for innovation and talent. 1-75 and active rail lines provide transportation Geography and Climate opportunities and the City is relatively close to the Port of Jacksonville. The regional airport also offers excellent Alachua County has a humid subtropical climate access to the larger world. which is characterized by relatively high temperatures and precipitation that is relatively evenly distributed With all these positives,a wide variety of industries thrive in the region and lead the economic development efforts, thanks in large part to its geography and resources.With more business incubators per capita than anywhere else in the U.S. and leading educational institutions,the Alachua County region is primed for growth and is attracting businesses from all over the world. Table III (located on page 5) reflects the top non- governmental,non-retail employers in the County. V The most recently reported unemployment rate for the t 1A County was 4.3% (April 2014 based on U.S. Bureau of p: Labor Statistics �j4 The Government r.e {�_ Alachua County is a home rule charter county,governed by a Board of five elected County Commissioners.It operates under the established Commission/Manager form of County Manager I Alachua County, Florida 4 177 Table III:PrinIcipal Employers,Alachua County,2011 v A-_ _ The Board-appointed Courity Manager Employer Field #of Employees is responsible for the day-to-day University!of Florida Education 1 operations of county government. 855 14,723 of the 1,917 County's total employees University!of Florida Health _ 1 Healthcare ( _ 12,588 work under the direction of the Board I of County Commissioners.The Sheriff Veterans Affairs Medical CenterHealthcare 4,317 --- — -�-------I -------- -- oversees 876 employees, while the North Florida Regional Medical Center I Healthcare 1,700 remaining 186 are distributed to the Nationwide Insurance Insurance I 1,300 other constitutional offices. Santa Fe Community College Education 796 The general fund budget for the Meridian Behavioral Health Healthcare 620 Alachua County Government for FY — — 2013-14 is $132,619,626 and the total Tower Insurance Insurance 500 budget is $325,412,644. The General Regeneration Technologies Manufacturing 365 Fund assessed value is expected to ---�-- ----�--- --- --------------- increase by 5%in the coming year.The Hunter Marine ' — Manufacturin325 g County provides all basic services for AvMed Health Plan Insurance 317 residents: economic development, ---- - — ---— -- -- fire/rescue, sheriff, code enforcement, Source:Gainesville Area Chamber ofCommerce planning (including building and I zoning), roads, environment, health government' Commissioners represent geographic and human services, parks, judicial, animal services, districts and;are elected countywide in partisan elections. indigent care, limited mosquito control in conjunction They serve staggered four year terms and the County with the Health Department, drainage associated with does not have term limits. The Commission has been runoff from County-owned properties, and solid waste stable historically.Over the past 40 years,Commissioners collection. have served an average of a little over eight years. One Commissioner is currently in his fourth term with a second Approximately half of the County's employees are Commissioner completing his third term and running for unionized. Blue collar and clerical employees are re-election this fall. A third Commissioner's term will end represented by the Laborers' International Union of in the fall and she has chosen not to seek re-election.One North America and the operational employees in Fire of the other Commissioners is in his second term,having Rescue are represented by the International Association served his first tern from 1998 to 2002,and the fifth is in of Firefighters. his first term after having served eight years in the state legislature. All are intelligent and collegial. They work The Challenges and Opportunities reasonably well together and have the best interests of the County at heart.They also have strong opinions and Alachua County is not without its challenges. First and discussions can be lively but when a decision is made,they foremost is that while the County is reasonably strong move on.In Ifact discussions are relatively succinct and do financially,there is never enough money to do everything not become personal in nature. Overall,the Commission that needs to be done.The situation is complicated by the tends to be progressive but fiscally cautious.It has a great fact that slightly over 50%of the County's property is off deal of respect for the staff. the tax rolls. In addition;to the five County Commissioners, there Second is the need to balance the desires of the are five elected Constitutional Officers: Supervisor of conservationists and the business community. While Elections,Sheriff,Clerk of Court,Property Appraiser and these groups are not mutually exclusive — both want to Tax Collector.The County Manager and County Attorney protect the quality of life in the County-their views differ are appointed by the Board of County Commissioners. and a tension exists between them. The trick will be to County Manager I Alachua County, Florida 178 J find common ground that moves the County forward — protecting the environment while a > allowing growth. On the immediate horizon is the Plum Creek development. If carried forward,it will cover 65,000 acres.As proposed, it would keep 80% of the land in agriculture and/or forests. It would also create 10,S00 residential units and 1.5 million square feet of - strial space. The result i commercial/indu - p s t s an estimated 7,400 jobs. The project is also in an Imo" °: area which is considered very environmentally sensitive. As such the County expects a large kr. number of 'people to appear at the various ` gam•`= TY` ' ;cs.�•r ^z. hearings and the discourse to quite heated. Third,the County's infrastructure needs work. While the buildings are in relatively good f " ;, . �•:,_ ti condition,they are aging.Further it is estimated that the backlog of road work will cost $500 ' million to rectify, of which $380 million is in the unincorporated County. Needless tos say, this issue is related to funding mentioned previously.Over the past 14 years,the County r,.•�iY'''~" has had fourrreferendaass to support building P PP g � t• _- :s=•` .,t a new courthouse,purchase land for parks and r '� '�'. assist with indigent healthcare. On the other hand,two related to transportation have failed. Another referendum on roads proposing a one-cent transportation infrastructure sales tax y = -- °:,: � �. a_pa. will go to the voters in November of this year. _ t` i L ' `k Fourth,some fence mending needs to be done between the City of Gainesville and the County. Although their main offices are virtually acrossthe street from one another and the City's population composes about half of the County as a whole,the interests and philosophies of the two have not always been congruent.Focusing ' 4 -' on the common interests and where the two can work together may produce significant benefits. The fifth challenge and opportunity is staff and succession planning. A number of senior ��: directors and key staff are retiring and their T successors are being selected now. Further, a number of mid-level managers will be retiring in the next few years.While it will be a challenge q s- to find skilled individuals to fill these positions, s ��— County Manager I Alachua County,Florida 179 i it also presents an opportunity for the next administrator The manager will be someone who is active in the to build his/her own team. Ideally succession plans will community and comfortable representing the Board and be developed to ease the transitions in the future. staff.He/she will take customer service seriously and lead by example. While the customer is not always right, the The next Administrator will need to address these issues. individual does deserve a fair hearing, an explanation of This effort will be time consuming,but all the County's what can and cannot be done and ideally, if possible, an key element's — staff, elected officials, and the public — alternative solution that will achieve the same ends. want the next County Administrator to succeed and to lead the County for a long period of time,ideally ten years. The ideal candidate will also be someone who thinks strategically and who will look critically at The Ideal Candidate the organizational structure and processes to see if improvements can be made. He/she will ask a lot of The ideal candidate is a professional manager and leader questions to which, "We have always done it this way," who is energetic,hardworking, responsive, open, honest will not be an acceptable response. The individual will and even-keeled. The individual will need to have be open to ideas from all levels and encourage critical excellent interpersonal and communication skills. He/ thinking.He/she will also recognize the value of strategic she will be,data driven (while recognizing its limits), planning and encourage it at every level of the County. objective and approachable. The individual will need to have a small ego and a large sense of humor. Negotiation skills as well as an aptitude for intergovernmental relations are both important.Working The next C County Manager will partner with the with the Constitutional Officers as well as the local cities, Commission on resolving the County's issues and move the Water Management District and the University and the County' forward. The manager will treat all the College can be tricky yet also very rewarding. To do so Commissioners equally and work diligently to ensure effectively will require one to be both politically savvy and they (and the staff) are all well-informed. Surprises are diplomatic.Knowledge of working with state and federal not something that should occur on this manager's watch. agencies is a plus. Further, he/she will ensure the Commissioners have all the information they need to make informed decisions. Requirements for the position include a Bachelor's degree That means; reports must be thorough, complete and with an emphasis in Public or Business Administration or include all options with the pros and cons of each. The a related field; a Master's degree is preferred. Candidates individual should be strong and confident,someone who should have at least seven years of senior level management will tell the Board what it needs to hear,not what it would experience in public or business administration,preferably like to hear.There are some real challenges out there and within local government, as a City/County Manager or avoiding them or kicking them down the road is not what Assistant City/County Manager with agencies of similar the Commission desires. size and complexities. i The successful candidate will be innovative, progressive Solid budgetary/financial skills are needed as well and solutions-oriented. The County is looking for as knowledge and experience in sustainable growth, someone wlio is thoughtful but also someone who gets environmental issues, intergovernmental relations, land- things done, Ideally the individual will anticipate issues use and economic development. prior to them becoming problems and help navigate the County around them.He/she will be detail oriented but Previous County Managers not a micromanager.The manager should be comfortable delegating but also someone who knows what is going on The current CountyManageris retiring after approximately in the organization and who holds the staff accountable. 16 months on the job. She is in the Deferred Retirement The individual will be a mentor and someone who Option Program and accepted the position when the last encourages creativity.As such,he/she will reasonably take search failed.Her predecessor served as County Manager risks and recognize that not every creative idea succeeds. for 12 years. County Manager I Alachua County,Florida 180 J i Compensation The Process The starting salary range is $145,000 to $195,000. The Applications will be screened between August 19th and County Commission expects to fill the position midrange, September 15th. Finalists will be selected on September but realizes (that highly qualified managers should be 22nd and interviews will be held on October 2nd and 3rd compensated commensurate to their credentials. with a selection shortly thereafter. Residency] Other Important Information i Under Section 125.73 (2) of the Florida Statutes, the Alachua County is an Equal Opportunity Employer and County Manager is required to live within the County's encourages minorities and women to apply. A veteran's boundaries while employed as County Manager. preference will be awarded as applicable under the Florida Statutes.All offers of employment will be contingent upon Confidentiality successful completion of a pre-employment drug test. i Under Florida's public records act, once an application is submittedilit is deemed a public record.As a practical matter, we generally are not asked to divulge applicant names until'after the closing date. We do expect some media coverage as the search progresses. COLI N BAE N ZIG E R O AS SOC IATES I How to Apply EXECUTIVE RECRUITING E-mail your resume to Recruit3S@cb-asso.com by August 18,2014.Submissions by regular mail or facsimile will not be considered. Questions,should be directed to Colin Baenziger of Colin Baenziger&Associates at(561)707-3537. 'rt_. °i.;t:d"" :Z. 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'�. _p anal, as;,a,:gijocl sense of$�%ISIT'FLORIDA:' x ut ..,7.:,szy -2 :•sem--" e.- .tti,Y t��•ti i_ - of�ihumorrou:`oin '-' nd•_a�sihee commitment :to:cliversi '` "" A ,goodrtigrasP =of':,Redevelopment ;;and=.Community e/she Il..ha ergh�glideg�eeofsi�ntegnty„andhonesty..while2: .: ; .•� ,r. � s-.�•.t ::. z . rrs_ _s ,mss ,Y>.- Redevelo menttA'enaes::{ �:: i": vrk being?an.,excellent;commurncato tfia;%lstens-as,_wellE•as speakr. f;' �Pt -_ .9 "r-sf-'t. '`±nom;+.r.4 =_.s..:•. ;b�?f_` v,G ',- •,s:�Rt•:': - - -< _ t�c�•�4.. VUH . oor ve-x tsftheACoun "Administrator'`;tob a them=�all.;the ' "''' P !Yz �p:_ tQ,A demonst�6ted undetstandin of=Tfiz'Increment Financin �' Esr�.,A..t='.a. _- L".::�i:w?=Y-k--�,•- a` - •,r'.. ..tag•. : Boa�d:Mijrf, , uaI informed with.unfiItered iA rmation: '4 ..(;:, ='w:- i: ? .. 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Aj'demonsfrated `abil :t - = j?: r '- itya o successfully :work-:with:=other; In;evaluatin`a 'licontstfor tfii—'osition=tfieaBoard:will �vT =rteW_: 'a - r .R-'9 .PP _ _ r_;� ;, _ .,- legislative•boeliesgfeleeteand:a mted:officialsflvlunic'i"al :WBF,: candidates".wfio;-have''.theu�followrn Behar arid: „, r _ - PP9,.,:. -z _Y ,„,,,,.P., acti6ristics :M _ _ A... t;; �� 9: . u: :'`StSte=andfederal 'v e; N. z £6 l.s _- - •lC=�'�rFr,.-. b_ :C.7,'r.=+' ?+?� w.F •1•`..2 .i....v �::.�.._ - ,.L'aL:,• _ r' - - i_Com" tencles,,.t,:., {' ,r.t..tt-1. e::° of• .tr::t;;• , tY-_._.iy,-...,:>- a. `y _ _?%, - . t =a_ _i-'T-•,`f�,?r..try^'ti: :r_,?h:-_yt.ny::� .,- +<?t:..K�� _ ._ri:!7,.`"+'y�;1.•7.1'S-ca-?,... ;,�:.: `,''x+:'=i?f'r- _ t;:� -:st,.�, :b„ to,:communic_atec effective) both`ver6all .dnd .in 3E - -..yy! y,_ --:; .:, _ ,. c.'` ���s. r , =ate:•: ="� 151Fist be olificall -astute:•witliout:bein - Iificall':involved:=`-: : writin' aridnto� reare::acciiiat'e"d`n`d corsciseMre orfs*'and ;v' •+'Y=?^ ,V• -'7si-:.-Y,-yj,,, 'r'i+,:YAi�C3�� .j Tex"' .<''�`•'.,..3``.:i] -�?..�-a ..-ta' _.:.1` � _ «-.4::=1�:'!t i:�_;✓' tv-` (•.#_:i.. _ `'1 L -' s. t"R'^°�.a I-•-F :;z.� ,.�rr. _ .�.s:�i�2•�+- •.4,. �c�= .t.. ��•c`.''s^:'.; -n:�.. ;.��'-''-�� �;- _:r_<;;r.. - :s�, �. :._� letters:• _ ,�-:� - s-•:•r:t:�- � . `�'•,Mustibe�p�gfe's'sioiia yet have'q.`"• .j,.`'"w=' ,- .`,r--'•rte` � ;u Y _ 2 ��'� _ �,_ �y � •�, ' oda :;..9-"•i<•a:� - :.�z•. " i�"-;,� R%:r ';:.a• r .'= :,!`.Administrative mfina ement'.skills;b�woik incle"nd6 tl" �.' s �- � a 4!`Well-v_ersed _.witha`wo'rkin knowled gfv:.. tY" >z pe. e .• : t ,�:. � ;2, -�i r `s•ct_=Fri:Wit=.;,;,r .i.> ;i .v.. - _ .,: .' _., _ _ E.- ,Bud etin -- ,_�,,, £ ? .•- .,:: =s Abil ;fo.develo ;.shorf;and,16 'term>cdital im rovement �:a.vt..-!„�`�, .,ti`is;=:,-.t�:�'i1i:.«,4:a.::: .;' -c�iyt::'.`.. ",•s.�;�Y.°,::•'-;:'.i..,i't`--s.="tr-r -a9.. _- •-•��_ ���-•>'„'-�'-•' _.Plans; ro ects:and bud ets: :Y`�- - _ _�'=;.•� 4: Haridsori=a"iicJ 'r6ctical:knowle p dge ofpublic•°safeiyser�i¢es ; 2 u" -C sir fi ,t="`xs.,,.. t, .t -"s4:'.5`-'._•r, <','.;-� _n>:`:.r .'G1`•.a _ .�=- .�"t• ,*' -�+ ... :ii-;., _- - _ `ti-mac:.-, '•i.....'= `p^ Zlincludm `FireYRe3eue: "s : ? �- f' =' "�' �J';Aliili `=.tof(�erfor`imo`t♦ier``r'ea'soricig ;rel&ted'dutresas:asst ned ;9 .:•k-'' •. "• sC.. -"•-. ��?h:`:_�.'.•.-_ra` - -•k_e' -w7 'g - =:`e~ ;=� r`_ ='=, =;w: =Y= ' '' 6'ithe;Bodrd of.Coun Commissforiers: Handson=and Fact eaI'-k'-owled e4 of oJernment r„ y?i .`�' p1'•s. P:.:.._ _ 9. ,9. - �s�7`?: `:'3s: -c-•-i�- .3i .;T�l�:.:a�-''” r - �.3`," - '• -� Utilities: ands 56nitht'ion-- services:.indii-lin ' Gni-�knowled'.e".:` .",��.":, - .,,�_�� .r:_ ;;:;. .,• =x= rr ,s ::�.:r==.`_' r� '- _ - _ _�.�_ _g _`�.�;= ..ti=. ,j - - _ _ ,��:: _;=�=�t �RESI�DE�N_CY�� _ - <• -_ +f�f'u' - - - s_s.- a Y,., *."' s-•r-' -;L_f s :•c�'F.:.k-.-....?�- •.F a.. _ _ _ z7, ment:,:;.•�` '=:: =The'C_oun 3Admrrnstrator•will'" - � _ - '+' _��,.s,� Yom.= :�.>w>sw.9'-�•�„ '•r. '.ri:• _ -:$;P - - �'�x�-.r,.= .,tY .,, -�tbe-required'to,liv_ewifliin.Citrus:Coun _ ��• -'�'_r i;;`3:` rte' ��:c ,Sr; :'�,. _- :�x'•f`T�>' -` .,'-- ii-.'- ,.. •.___:s'tr.�` -' _ _r qty;+• - ..•I.: yy � - ��•iir-•Y''` - ii-_.� r.`•'� h•ts�� ..5.-•• u S�-�: -•l �. - ,S fe�p�o It un,- ."R, v, 'iq N VN6 31 .V I_z W Tip,1� ;yg' jt v.1 t •...,-t`-, �A; 44, ERA 3? A;r", -P ;112t. Ae-1 Wf� 7 S"o, No� CA 1z, )Z .;t.;ri la� r 1, I;j,, T'P �^•>•:��;tt'f, r £ ,yi.•. _ - „ r p'T�4�r.�o. e ''}• r t ••HFa F"'•'� .. ,�-` tj fJI. 'f' , v S4 v-1 't" U. ' °• o .�o .. A. _ �;_�^Y'p! - "� :� I all, Val' 11=1 I.- Y- 5-v 70, F. t-x !r "- , 51o''o _ `� .'W,' ' , Jf Fj I r�7irl" F3CAttachment #4 Leaders at the Core of Better Communities Typical City, Town or County Manager/Administrator Search Options, Process and Timeline Kurt Bressner, lCMA-CM FCCMA/lCMA Senior Advisor I Florida Senior Advisor Coordinator September 2015 Note: This report was derived from earlier reports or research prepared in 2012-2014 for the Cities of Lake Wales,Arcadia, New Port Richey, Sebastian, Atlantic Beach, Oakland Park,Towns of Orange Park, Kenneth City, Sewall's Point, Cutler Bay, South Palm Beach, Hillsboro Beach, and Counties of St. Lucie, Glades,Alachua, Marion and Hendry. Part 1: Discussion of Five Search Options 1 There are four basic options for a search: 1. Retain a Search Firm 2. Perform the search in-house by City or County staff 3. Receive assistance from the FCCMA Senior Advisor Program in collaboration with City or County staff. 4. Receive placement assistance from Florida Association of Counties (FAC) -Counties only. I 5. Do not recruit for a City or County Manager and appoint internal candidate. 1. Retain a Search Firm - This option provides the most comprehensive approach to the placement as the search firm spends a good deal of time in the process working with elected officials to obtain key information about attributes, knowledge, skills and abilities. In addition, a search firm would also identify current issues, organizational culture and define expectations of a successful candidate by elected officials. A search firm is better equipped than any of the other options to seek out qualified individuals who can be informed about the community and organization and encourage them to apply for the City or County Manager position. The search firm also is responsible for developing the compensation, benefit package and determining all conditions of employment such as residency. Having an The Senior Advisor Program was previously known as the Range Rider Program. The program title changed in September 2014 Florida City/County Manager/Administrator Search Options Report 2015 1 777 North Capitol Street,NE El Suite 500 El Washington,DC 20002-4201 0 202 289 4262 E3 202 962 3500 fax El icrna.org 188 outside and independent resource to facilitate this process is beneficial. A search firm will work with the local jurisdiction to prepare a detailed position profile that provides applicants with a good sense of what the agency is looking for. The search firm works with the elected officials to narrow down candidates for further consideration and interview, as appropriate. A search firm also performs background checks for finalists. The firms facilitate the interview process and provide assistance, as required in negotiating terms of employment with the successful candidates. In some cases, firms offer to re-do a search if the candidate they recommend does not work out for the agency. The cost of a search firm ranges from $16,500 to $21,500 with a not to exceed expense cost of about $7,500 for search firm travel, printing and full background checks. Some firms quote an "all inclusive cost" which ranges from $18,000 to $27,000. Additional work outside the scope of the contract is usually billed out at about$140-$220 and hour. These costs do not include the cost to the agency for finalist candidates for travel and lodging to participate in interviews. These are usual and 1 customary costs to the City and can average $1,200 for out of state candidates and lesser amount for in-state candidates. A list of search firms that have performed recent placement work in Florida is attached as an exhibit to this report. 2. Perform the search in-house - Under this option staff handles all steps in a search in-house. The degree to which these steps are accomplished depends on the comfort level of staff working directly with elected officials on a sensitive personnel matter. The cost of background checks for finalists, if not done in-house, is added and can amount to $800 to $1,500 a candidate for a comprehensive background review including professional credentials, financial, criminal, media, social media, current and past employers, etc. The cost of travel for candidates for interviews must also be added. i 3. Senior Advisor Assistance to a Local Jurisdiction - The Senior Advisor Program provides four basic services: a. Assistance to current FCCMA Members such as city or assistant city managers with employment related issues requiring confidential i counsel and guidance. b. Assistance to Members in Transition (MIT) who are looking for employment in local government. c. Information and resources to citizen groups and local governing j bodies interested in adopting or retaining the managerial form of local government. d. If there is a vacancy in the position or a new position is created, placement assistance to local jurisdictions for a permanent or interim local government administrator. For permanent CAO placement assistance, the Senior Advisor Program generally can provide assistance to cities, towns or villages under 20,000 population and ! Florida City/County Manager/Administrator Search Options Report 2015 2 189 counties under 75,000 populations. The Executive Director of FCCMA in consultation with the Senior Advisor Coordinator may offer jurisdictions having population in excess of these limits assistance based on a case-by-case review. The level of Senior Advisor support depends on the availability of volunteer Senior Advisor resources. For assistance to jurisdictions finding an Interim CAO, there is no population limitation. Also, the Senior Advisor Program will be pleased to work with jurisdictions on any size to discuss and outline the search process with elected officials. I This report will focus on item #4 above and provide options. When the Senior Advisor Program provides placement assistance for a city or manager, we follow a basic procedure and guidelines for services that may, depending on local needs, include some or all of these activities: a. Outlining to elected officials the placement process based on ICMA guidelines. b. Assists the governing body determine qualifications, compensation and position requirements. However, given the fact the Senior Advisor Program is a voluntary program, we cannot match the detail i that a search firm can provide this phase of a placement. c. Assistance to local staff with position advertisements. d. Reviewing and recommending semi-finalist candidates based on position standards established by the governing body. The governing body shall select finalists for interviews. e. Providing assistance to the jurisdiction during the interview phase of the placement process. i There is no cost to the community for these services. In cases where the governing board feels it is necessary or beneficial for a Senior Advisor(s) to be present in the community requiring an overnight stay and commuting is not practical, the community is requested to cover hotel and incidental meal costs for the Senior Advisor. This is typically during the interview process. Please note that background searches on candidates are not included in Senior Advisor placement services and should be conducted through qualified individuals or firms retained by the agency. The Senior Advisor Program does not have the expertise to perform this work. In addition, the Senior Advisor Program will not be involved with employment agreement discussions between the agency and the selected candidate. The cost of such background searches and selection of individuals or firms to perform background searches is borne by the City or County. In addition, the cost of travel and lodging for interview candidates is also bome by the City or County. Florida City/County Manager/Administrator Search Options Report 2015 3 190 As noted in the attached program summary, the Senior Advisor Program is a service provided to cities and counties at no cost. Basic assistance to elected officials of local jurisdictions for placement of a local government administrator or manager is provided that does not replicate the services of a search firm. Because this is a service provided by volunteers, assistance is based on availability of Senior Advisors near the community and the workload of the program with other projects and activities. Our priority is service to ICMA and FCCMA members with placement work being a secondary activity of the Senior Advisor Program. Presently, there are seven Senior Advisors in Florida, all of whom are experienced former city or county managers. Not all areas of the state are covered for placement services, which may require on-site assistance. The Florida Senior Advisor Coordinator with the Executive Director of FCCMA will evaluate a request for services requested by the local jurisdiction and determine if services by the Senior Advisor Program can be provided with the volunteer resources available. The goal is to provide the best possible services to the local +) jurisdiction. All seven Senior Advisors have Florida City or County Manager/Administrator experience. i I 4. Receive Assistance from Florida Association of Counties (FAC) - This is a fee-based service for Counties from FAC that includes assistance on preparing the position advertisement and profile and review of candidates. Please contact FAC directly as the scope of the program has evolved over the past two years. (See pg. i 18) i S. Do not recruit for a City or County Manager and appoint an internal candidate. - This option should be considered if the governing body feels an internal candidate for the position should be appointed. Part 2: Timeline and Steps for a Typical Manager Search I This is a timeline and steps for a typical city, county or town manager search and is based on lessons learned from past placement projects of the FCCMA Senior Advisor Program. Step One: Develop the position profile and advertisement This involves active participation with elected officials to determine the position requirements as to experience, education and residency as appropriate. In many cases an existing job description and code or charter provisions are helpful resources. In addition, the elected officials should be actively involved in determining the knowledge, skills and abilities that are important for the position. This includes defining attributes and personal style that is of interest to the elected body. In addition, applicants should have relevant public sector or military senior management experience and be members of ICMA, FCCMA and/or their local state city management association. I feel a Florida City/County Manager/Administrator Search Options Report 2015 4 I ' 191 profile is important, as it is a core document that describes the community, organization and offers key information to a prospective applicant. It is the face of the community during the search process and presents an opportunity to showcase the community as well as disclose specific issues or concerns of the community or organizational needs. The profile should be reviewed and approved officially by the elected body. This part of the process takes about 30-45 days and includes preparing the final advertisement. An important component of this phase is determining the compensation and benefits to be offered. Adherence to Florida Records Law is essential. I recommend something like this be included on all job information (profile and advertisement): Florida Law requires that all resumes and application materials received by the City or County for this position becomes a matter of public record upon receipt by the City or County. (Please see skills and attributes that other jurisdictions have used in city, itown or county manager searches. This is attached as an exhibit including a list of desirable components of a recruitment profile). 1 Step Two: Application processes. This is optimally 60 days but can be compressed to 30-45 days if necessary. This is the period where applicants submit their interest, resumes, application documents to the agency. It is important, I think, to require that the applicant submit a signed agency ! employment application with their resume and cover letter. If the agency has a consent form for background reviews, a signed copy should be included in required documents submitted by the applicant. Usually, an employment application contains assurances and warrants that the information on the application is accurate. Also, the employment application contains a standardized format that is easy to review. Resumes come in a variety of formats and designs making comparative review difficult. Also we have seen cases where a completed employment application revealed discrepancies on the resume that warranted follow-up review. Please see the note on j adherence to Florida open records laws in Step 1 above. 1 Step Three: Resume/Application Review Process: This can usually be completed by a search firm or the Senior Advisors within15 days following the close of the application period. The search firm should be able to provide the local jurisdiction with their interview recommendations within this time period. The process using Senior Advisors is a bit different.At the conclusion of this period, if the Senior Advisors are involved in the search, they will submit their recommendations for 10-12 semi-finalists. In accordance with the Florida open meetings laws, the Senior Advisors may not discuss the qualifications of the applicants privately among themselves. Any discussion must be in the form of a public meeting. Generally,when the Senior Advisors determine the 10-12 semi-finalists, this is done by a conference call that is a noticed public meeting and open to the public. The governing body has the responsibility of selecting the finalists for interviews. This should be done at a public meeting. In the event a member of the governing body feels a Florida City/County Manager/Administrator Search Options Report 2015 5 192 candidate not on the Senior Advisor semi-finalists should be considered, the entire governing body at the finalist review meeting should consider the individual. I generally recommend that 5-7 finalists be selected for interviews. Some agencies choose to do preliminary interviews of semi-final candidates by video or phone. However, the final candidates should be invited for face-to-face interviews. The assigned Senior Advisor can assist the governing body select finalists for interview. A preliminary background review of all semi-finalists should be completed before a preliminary interview. The cost of such a preliminary review is about $400 each while the full background review is about $1,800. As noted in Step 4, we recommend a full background check on all finalists. The Senior Advisor Program does not perform background reviews. Some search firms offer preliminary and full background reviews as a service. Step Four: Interviews. Search firms provide full assistance to the agency during the interview process. The Senior Advisor Program can assist the agency at this step of the process by providing interview questions and iguidance on facilitating the process, as needed. The governing body should make a determination on whether it plans to reimburse travel expenses for applicants.This needs to be communicated to all applicants being considered for interviews. I recommend that the agency reimburse travel expenses as a usual and customary expense of placement. Generally, airfare, car rental, hotel and incidentals for an out of state applicant will run approximately i $1,500-1,800, with the bulk cost being airfare. In state applicants should be offered hotel accommodations, incidentals and car mileage based on the current IRS rate. The agency or a qualified firm should perform a full background review of the top two candidates. Typically, background review includes work history, reference checks, education verification, social media and media review; possible site visits to the candidate's current community, credit checks and legal or litigation review. A full report on the candidate should be provided to the hiring agency before a final hiring decision is made. The cost of a full background review is about $1,800. A search firm ! typically provides background reviews as a component of their services. As noted above, if Senior Advisors are used for the search process, the local i jurisdiction is responsible for performing background reviews or contracting for this service. Step 5: Negotiation of Employment Terms and start date. This work is typically done directly by the agency. The Senior Advisor Program does not offer assistance in this area of the placement. If a search firm is retained, the firm typically assists in negotiations with the finalist(s). ' Part 3: Resources: International City/City Management Association's (ICMA) Professional Local Government Management: This information-is located at the ICMA website Florida City/County Manager/Administrator Search Options Report 2015 6 193 and contains excellent information about the benefits of hiring a professionally trained CAO, the duties of an appointed Manager or Administrator, Ethical Conduct and how to hire a professional Manager or Administrator. This is an excellent starting point for elected officials and agency staff. http://icma.org/en/icma/about/overview/hirin manager International City/City Management Association's (ICMA) Recruitment Guidelines for Selecting a Local Government Administrator: The handbook lays out a good process for what is perhaps one of the most significant responsibilities of elected officials including: -- Resources available to assist in the process conducting the recruitment -- Reviewing applications -- Identifying and interviewing finalists -- Negotiating compensation i Exhibits in the ICMA handbook also present resources and publications available, suggested interview questions, and a summary checklist and timetable. iThe handbook is available at no cost here and is recommended reading by staff and the governing body. It is an excellent guide to the search process. http://icma.org/en/icmalcareer_network/career resources/recruitment gu idelines handbook i Senior Advisor Program from the International City/County Management Association (ICMA) and the Florida City and County Management Association } (FCCMA): Here are links to information about the national and Florida ISenior Advisor Program. htticma.or en icma members benefits senior advisor ro ram P�//� g/ /� / / / P g j http://fccma.org/senior-advisors/ i I Respectfully submitted, Kurt Bressner, ICMA-CM FCCMA/ICMA Senior Advisor Florida Senior Advisor Coordinator kbressner@gmail.com 561-436-2328 KB: 1/17/14, 3/9/14, 3/19/14, 4/3/14, 10/13/14. 12/2/14, 1/17/15, 4/15/15, 8/11/15, 9/10/15 Florida City/County Manager/Administrator Search Options Report 2015 7 194 i Attachments: 1. FCCMA Senior Advisor Program Brochure 2. Recruitment Profile Checklist including attributes and traits deemed appropriate and beneficial by other agencies during their recruitment of a city, county or town manager. I 3. Search Firm and Contact List i j 4. Summary of Job Advertisement Options and Approximate Cost I i i i i Florida City/County Manager/Administrator Search Options Report 2015 8 ! 195 I , Attachment 1: IC--MA .and F160ida �... FCCMA City arida CourityFC' Senior Management = AdVISOf'S Association's KURT BRESSNER'ICMA-CM - ,p� o [[[ Coordinator ! _-S6ni fl®■ 2rs�tgy8{��Aa' �gero�p®aaggyq__ - Vero Beach;FL 32968-7524 C YY ■ AdVis a� tl II t�tl _tl d9 '(S61)436.2328 - __- - _ _ --_ kbressrrerfrgmaiicom Senior idvisois(fonnery Range'Ridersj are retired'city and county nitn5gers with -';lengthy experience and who'are respected within the public management field: MARK DURBIN The MA-Board-cif Directors.and cite Eiecutive Directocol.the International City/ _ -Kissimmee; i-34744 " .County Management Assrxiation(ICMA)ioinihi appoint Serior Advisors. ' (32 i)624 6071- - rndurbint`cil.m.corn 'As volunteers;Senior Advisors niovide;ill no cost: - CRAIG M:HUNTER SL Petersburg,FL 33701 ►Cariei and employment counsel to member i; :(7271-(98-4341 ► Guiciance and_coui6c-1 to iii•:rnbers renarding e0rics nueslions cbuni�lmnynbayn.com - of E0-6cerns: - I,`Assistance tc cilias and ccwnt)es with the nwna9erial$onn of govarmiicntt RICHARD M:KELTON,ICMA_CM - ►cAssislance lo'ities and counties that aie considering adopting - brLand,FL 32724 the niariageria1 form of,governmeilt: (386)951.4780 ► Asiistan e.to civic groubs regarding the managerial terin of government:and "'1ke fron�dl.rr.eom - --►Asilstarxe t0 menj6b'S-tit-transition(MITs)witli-guidance arxfdiroclioii as ROBERT S:IASALA,ICMA-CM they seek new opportunities in publk administration.- - - Dunedin,FL 34698 " ' :1408)306-3909 Upoh lequest by the governing hoard of municipal jurisdictions under 20.000 Rinsala1@19maAcerri popufatlon or counties under 75.000,population.limited CAO search services are available.Upon verification of a manageriadministrator vacancy.subject to BILL HERON _-..availability:the Senior Addisors will provide guidince and assistance.Services Fruitland Park,-FL 34731 ma`7_indude_outlining to elected'officiils the placement process basedbn ICMA - - (352)325-5453 - - - '' bneron�comcoscner guidelines.detennin!ng qualifications,comoensation and position requirements, assisting local staff with'posiliori advertisements;re,toning ind recommending - a_ _- RICHARD At WILLIAMS semi_tinalist'5ndldates based-on position-srandards established by ttie,governing .- Sarasota;FL 32243-79f)1- - ;body;arid'pr&+iding assisiance.iti tete jurisdiction during tl><irderviiw phase ofahe (941)309.3371 `,dateriient process.4he gotreming"board shall select=finalists for inleriiiews. . :Rar*iyhoivVdIauAwm Et ckgrojird seaiches on candidates are not includeiJ in'the serAces-a' should he DEL WING0,PhD. conducted through gtla!ified individuals or firms retained by the city or couniy. 'Roddick FL 32686 (386)299-8755 ';A:ingocrgnwd.com S_eruoi'Advisors are not.consuftants;but serve as"colleagues and counselors. SAMUEL H.HALTER.EMERITUS, To obtain fuilMa informatio_n about the Senior Advisor prograin and its services: - ICMA,CM _ pleise.conia_ct: - - Tampa.FL 33629 " (813)281-2176 Florida�bty.and County Management Association Senior Advisor Program 542mlh39?amai).con, P.O.Bos:17SZ 7aIlahassee;FL 32302 •Please contact thecoordinaror Lynn Tipton,-FCCMA Execut'r.•e Diieclbi to discuss which Senior Ad - (850)701.31 37•1=(800)342-'8t12 can best meet your needs.- ) - r I Florida City/County Manager/Administrator Search Options Report 2015 9 t i 196 Attachment 2: Key items recommended for a City/Town or County Manager/Administrator Profile 1. Description of the community that includes a history,location, population and key features of the community.This is an important way to put a face on the community and point out the attributes and benefits of living there. Include distance to major population centers, airports, Disney etc. If there are specific and special venues in the community, include a description of them. 2. Description of the local government. Include also information on the i size of staff, form of government(i.e.council-manager form), organization chart,budget synopsis, etc. Include a list of governmental services provided directly and a list of services that the agency contracts for either via private contractor or intergovernmental agreement or municipal services that are provided j directly by another governmental agency. (Examples could include library, fire and rescue services.) 3. Duties and functions of the City,Town or County Manager(from the Charter,Code or governing board policy) 4. Challenges, Issues and Opportunities-Here a short list of issues facing the agency over the next two years would be very helpful.Try to be descriptive in one or two sentences for each issue. Include any fiscal, major legal or collective bargaining issues that are pending. 5. Requirements for the City, Town or County Manager- Education and experience required. Education and experience desirable. In addition, applicants should have relevant public sector or military senior { management experience and be members of ICMA, FCCMA and/or their local state city management association. 6. Knowledge, Skills and Abilities- Here a list of essential skills and attributes followed by important skills and attributes is helpful. (See next page for examples taken from other profiles) 7. Compensation-The profile should disclose a salary range and summary of expected benefits, if possible. Some jurisdictions leave Florida City/County Manager/Administrator Search Options Report 2015 10 197 this as something like: "the City or County ofX offers a competitive starting salary based on qualifications and experience." If the agency participates in FRS offer deferred compensation or other pension program,this may be considered as a compensation area to include. 8. Residency- If there is a residency requirement, it should be disclosed as well as when it is effective. 9. Application and selection process - Include the summary of the process including the deadline to submit the application and/or resume and how the documents should be submitted. Most jurisdictions require electronic submission of.PDF documents. The instructions should be clear as to whom the resumes should be submitted to. Also, because applications become a matter of public record when submitted,the profile and advertisement should clearly 1 state this. Also,the process should disclose that applicants would be subject to a background screening. I recommend that the agency require applicants to submit a completed, signed agency employment application, especially if signature on the form serves as authorization for background screening. Finalists should also sign a release for background checks at an appropriate time. I 10.Other documents that should be made available either as exhibits to the profile or as links to documents posted on the agency website: i I a. City,Town or County Charter b. Agency Budget c. Agency employment application (hopefully, in a fellable .PDF form) d. Key planning or community description documents e. Capital improvement schedule f. Organization chart g. Summary of governmental services provided (this can also be incorporated into the body of the position profile) Florida City/County Manager/Administrator Search Options Report 2015 11 198 DESIRED CHARACTERISTICS OF A CITY/COUNTY MANAGER 1. Consensus builder 2. Decisive; good judgment 3. Excellent communicator to public, employees, Commissioners 4. Honest, ethical, moral 5. Willing to work whatever hours are needed 6. Outstanding leadership skills 7. Keeps composure at all times 8. Sensitive to others' needs and positions 9. Keeps current on County projects 10. Willing to be innovative 11. Available 12. Timely executes Commission policy i 13. Treats everyone with respect; even-handed 14. Cooperates with other governments 15. Recruits and retains competent staff 16. Decentralized management style,but holds people accountable 17. Believes in strategic planning 18. Ambassador for the City/County 19. Outgoing, confident, positive, proactive, approachable 20. Good listening skills 21.Demands accountability, and willing to be held accountable Source: Florida Senior Advisors Presented on the next page is another list of attributes taken from ICMA j advertisements. I i Florida City/County Manager/Administrator Search Options Report 2015 12 199 i Position Profile Trait Examples Actual samples extracted from recent ads in ICMA Newsletter "..demonstrated leadership capabilities..." ..fiscal acumen..." "...excellent communication&interpersonal skills..." "..employeelcitizen relations(skills)..." "..labor&contract negotiations(skills)..." "...technical knowledge of municipal operations.." "...financial&budget preparation(skills)..." "...bondable..." "...progressive,proactive,community-oriented leader. ." "...community&economic development(skills)..." ..community-oriented problem solving..." ence . .(experi )achieving community consensus around critical issues. " "...integration of technology into municipal operations. ." ...establishing strategic goals&priorities.." ..customer service orientation. " "...strong interpersonal skills..." "...facilitating a community vision&implementing action plans..." "...strong commitment to customer-focused government. ." "..redevelopment,economic development&financial management experience. " "...strong interpersonal&consensus building skills. " (commitment to)team/participative management..." (experience in)personnel management. ." (experience in)intergovernmental relations. " (experience in)utility management..." `...considerable community involvement&working with volunteers. " "...knowledge of new technology..." "...skills/knowledge involving(state)laws.." understanding of public financing..." "...grant writing(skills)..." ..conservative fiscal management..." "...infrastructure replacement&development(experience)..." "...human resources development..." "...strategic&long-range planning..." "...knowledge of principles&management of city government..." e capacity to address problems in proactive manner.." l Source: Florida Senior Advisors Florida City/County Manager/Administrator Search Options Report 2015 13 I 1 200 f Attachment 3: Search Firm Contact Information for City/Town/County Manager/Administrator Recruitment Ralph Andersen & Associates Heather Renschler, President/CEO Ralph Andersen &Associates 5800 Stanford Ranch Road, Suite 410 Rocklin, CA 95765 Office: 916 630-4900 Fax: 916 630-4911 Heather(a,ralphandersen.com http://www.ralphandersen.com Colin Baenziger & Associates Kathyrn Knutson Vice President for Operations Colin Baenziger&Associates 2797 Bay Drive Rhinelander, WI 54501 Office: (715)282-3595 Fax: (888) 539-6531 Email: KKnutsonna,cb-asso.com h!tp://www.cb-asso.com Colin Baenziger Owner&Principal Colin Baenziger&Associates 2055 South Atlantic Avenue- Suite 504 Daytona Beach Shores, FL 32118 i Cell: (561) 707-3537 Fax: (888) 635-2430 Email: Colin(a-),cb-asso.com Brimeyer Fursman Richard Fursman Ed.D. Brimeyer Fursman Executive Consulting 1666 Village Tr East Suite 7 Maplewood, MN 55109 Office phone: 651-204-0441 Cell: 651-338-2533 Fax: 651-344-0757 richardfursman(a gmail.com http://www.brimgroup.com i Florida City/County Manager/Administrator Search Options Report 2015 14 i 201 GovHRUSA Heidi Vorhees Co-Owner GovHR USA 650 Dundee Road, Suite 270 Northbrook, IL 60062 Direct Line: 847-380-3243 Mobile: 847-902-4110 Office: 847-380-3240 Fax: 866-401-3100 Email: HVoorheespgovHRusa.com http://www.govhrusa.com Management Partners Incorporated Jeri Beckstedt, Administrative Services Manager Management Partners Incorporated 1730 Madison Road Cincinnati, OH 45206 Office: 513-861-5400 ( Fax: 513-861-3480 I Jeri Beckstedt jbeckstedt(a managementpartners.com http://www.managementpartners.com Kevin Knutson Regional Vice President Office: 513-861-5400 Kevin Knutson kknutson(d,)managementt)artners.com I S. Ren6e Narloch & Associates S. Rende Narloch President 2910 Kerry Forest Pkwy Suite D4-242 Tallahassee,FL 32309 info@smsearch.com T 850-391-0000 F 850-391-0002 I Florida City/County Manager/Administrator Search Options Report 2015 15 I 202 Bob Murray Associates Bob Murray 1677 Eureka Road, Suite 202 Roseville, CA 95661 apply&,,bobmurrayassoc.com T 916-784-9080 F 916-784-1985 http://www.bobmurrayassoc.com The Mercer Group Inc. WD Higginbotham, Jr. Senior Vice President The Mercer Group Inc. 9123 Cherry Trace Seminole FL 33777 Office: 954-849-4046 Cell: 727-214-8673 wdhigginna,bellsouth.net http://www.mercergroupinc.com Karolyn Prince Mercer Senior Vice President The Mercer Group Inc. 1000 Cordova Place#726 Santa Fe,NM 87505 Work: 505-660-5503 FAX: 505-466-1274 kprince-merc er(c),mercergroupinc.com Novak Consulting Group Catherine Tuck Parrish Executive Search Practice Leader The Novak Consulting Group 1776 Mentor Ave. Cincinnati, OH 45213 Office: 240-832-1778 Catherine Tuck Parrish ctuckparrish(-a,thenovakconsultin roup.com www.thenovakconsultin�group.com Florida City/County Manager/Administrator Search Options Report 2015 16 203 Slavin Management Consultants Robert E. Slavin SLAVIN MANAGEMENT CONSULTANTS 3040 Holcomb Bridge Road#A1 Norcross, GA 30071 Office 770 449-4656 Fax:: 770 416-0848 Email: slavinPbellsouth.net http://www.slavinmanagementconsultants.com/welcome.shtm] Springsted Incorporated Sunny Larsen Proposal Coordinator Springsted Incorporated 380 Jackson Street, Suite 300 St. Paul,MN 55101-2887 Office: 651-223-3020 Fax: 651-268-5020 slarsen(@springsted.com http://www.springsted.com +I Strategic Government Resources Cyndy Brown Director of Executive Search Strategic Government Resources Recruiting, Selecting, and Developing Innovative Leaders P.O. Box 1642 Keller, TX 76244 Office: 817-337-8581 Fax: 817-796-1228 Cyndy Brown c nidybrownPgovernmentresource.com htt,p://www.GovemmentResource.com i Florida City/County Manager/Administrator Search Options Report 2015 17 204 The Waters Consulting Group Chuck Rohre Waters Consulting Group 5050 Quorum Drive, Suite 625 Dallas, TX 75254 Office: 972-481-1950 Fax: 972-491-1951 Chuck Rohre crohrepwatersconsultmg.com http://www.watersconsultin.g.com Florida Association of Counties As noted on page 4 this report, the Florida Association of Counties offers search assistance to Counties. Information about this program is available by contacting R. Scott Shalley, Executive Director of the Florida Association of Counties at: I� http://www.fl-counties.com or by phone at 850-922-4300 1 E For other search firms please contact Lynn Tipton, Executive Director, FCCMA at(800) 342- 8112, which*is the toll free number for the Florida League of Cities. Lynn's email is: LTiptonPflcities.com Also, ICMA can provide a list of search firms doing work in local governments. 1 This information and recruitment resources can be found at ICMA's web page at: I h ://icma.or /en/icma/career network/em to ers/Pa e/100355/Em to erRecruit er Resources Careers in-Government maintains an indexed listing of search firms here: http://www.careersingovermnent.com/tools/community/executive-recruiters- directory/ Prepared by Kurt Bressner, ICMA/FCCMA Senior Advisor, Updated September 2015 I 1 Florida City/County Manager/Administrator Search Options Report 2015 18 205 Attachment 4: City and County Manager/Administrator Advertisement Options Host Organization website(no charge) Twitter(no charge) Facebook(no charge) Florida City/County Management Association FCCMA,(no charge) http://fccma.org/jobs/ Florida League of Cities(FLC),which includes the Florida City/County Management Association publications,the FLC Datagram,and the daily email-based publication entitled Ken Small's CM's (no charge) t http://www.floridaleagueofcities.com/flcenews aspx#classifiedAds International City/County Management Association (ICMA),(Fee-Based) includes the ICMA Newsletter,Job Opportunities Bulletin and the ICMA Career Network(fee) 1 http://icma.org/en/icma/career—network/employers/about—the job center National Association of Counties(NACO),(Fee Based)http://www.naco.org/jobsonline Florida Association of Counties,(Fee Based)http://www.fl-counties.com/govemment- jobs/jobline-adverti sing Employ Florida website,which includes Americas Job Exchange,and US Job(no charge) https://www.employflorida.com/vosnet/Default.aspx The following are other fee based sites: r National League of Cities-http://www.nlc.org/about-nlc/career-center Alliance for Innovation Jobs Posted: http://transformeov.org/en/iobads (Included with ICMA advertisement) Government Jobs Web Site: https://www.govemmentjobs.com/index.cfm GovtJobs.com Web Site: http://www.govtjobs.com/ GovJob.net Web Site: http://www.govtiob.net/ Municipal Insider: http://www.municipalinsider.com/iobs-center/ Careers in Government: http://www.careersingovemment.com Updated: August 2015 i Florida City/County Manager/Administrator Search Options Report 2015 19 206 i Corporate Information C1OROOTERf&ADQWUWWFEM STOCX EXCHANGE LISTING --- Fortress bryestmoot Ck=W's shares are listed an (symbid=FIG) NewY�,NY (�2)T98-6'100 INVESTOR RELATIONS Fortress Investment Gump LLC INDEPENDENT REGISTERED Investor Relations PUBLIC ACCOUNTING FIRM 1345 Avenue ofthe Americas 47th floor Ernst&Yowg LIF New YoAL,NY 10105 Five Threes Square (212)798-6082 IIkwYodr,NY10036 (214 773-3000 Fkfftress Investment aonp LLC filed timely CIEO and CFO amUfficallms with the Securities and Exchange Commission SOWKES.TRAMSBERAGOU pomeam to Section 302 of the Sarbenes-OdeyAct of 2002 ANDREGISTBIAR M M Fortress's aminal report an Form 10-K fiw the year Aaiun Slurp &MMslLCaMpMFjxC end December 31,2ow These certffwatiaw were filed as X01 tSth Asemae ends 3L1 and 3L2 to such Form 16-g B yn,NYY12m9 s - 7/14/15 42 MINUTES ORLANDO UTILITIES COMMISSION IJUIY 1�4;:�2051t5' a0!P�"M: i Present: COMMISSIONERS: Linda Ferrone, President Gregory D. Lee, First Vice President Dan Kirby, Immediate Past President Buddy Dyer, Mayor I Kenneth P. Ksionek, General Manager & Chief Executive Officer Jan Aspuru, Clint Bullock, Maggie Duque, Roseann Harrington, Byron Knibbs, Chip Merriam and Rob Teegarden, Vice Presidents Jerry Sullivan, Vice President & Chief Information Officer John H. Hearn, Vice President & Chief Financial Officer W. Christopher Browder, Vice President & General Counsel Nanci Schwartz, Recording Secretary 1 President Ferrone asked John Hearn to give the invocation, followed by the Pledge of Allegiance to the Flag. The Commission Meeting was called to order at 2:39 P.M. I On a motion by Mayor Dyer, seconded by Commissioner Kirby and unanimously carried, the reading of the minutes of the June 9, 2015 Commission Meeting was waived and the minutes were approved. Jan Aspuru presented a 30-year service award to Todd Stallings, Watch Engineer, Energy and Water Production. Roseann Harrington announced that OUC received the American Public Power Association's Energy Innovator Award in recognition for efforts to build the Gardenia Community Solar Farm. ao&-8- 7/14/15 43 Mry`Ksionek'asked Jar%Aspuru to,provide a_preseritatioii,.on,_AfF`rmative Item:A=2 rega ding'thesNatu`ra1=Ga"s�Supply:,'Agreement, -M�-:;Aspuru_reminded`Gthe_jBoa�d�;of a.prevo-u&I 1,1 20t1'S; inuwhch.theCommi_`s_sion appro � ' radd tior,,W jscultr6d.-_TS`2�caparity on jF =Fio�ida GasyTransmission Stem `LN:G?Holdin s FI'o^r r �� _J__ gida)_LLC (LNGHj,=,a=subsidiary of ysFortcess' nergy Paitn res plans 'fo bu,iLdwa. :Liquefed- Natural Gas (LNG)';facility on_propeFty F adjacent f6 On It_Indian ;Ri�er�Plant�(_IRP.):�:The LNG facility_will_eventually bei connected to:the FGT system OUC is uni_&ely;positioned•to provide natural gas lo.' e-facility,:- LNGH,;and"OUC Shave reached a_"n;agreement,fgr:a fve�year—term', `beginning ,April__.1-,_20=16,^which includes 20;000 MMBTUs—per:-d`ay, ori p roximately $5 million=annual'r_eduction in'._fuel_costs and they to r tial_fof LNG storage rights for use aIRPJ #2 Y,1D00 )=E'T See c U J�,C�CG tI j :2-a,000 rnn.13TV-1 fjeA��i Mr: Ksionek asked Luz Aviles to provide a presentation on Affirmative Item A-10 regarding the Home Energy and Water Reporting Program. Ms. Aviles reported OUC began providing behavioral reports to customers in 2011, resulting in 37.8 GWh of energy reductions to over 86,000 residential electric customers. The new Home Energy and Water Reporting Program offered by Schneider Electric will expand the scope to 150,000 residential and small commercial customers, including water customers. The program will be integrated into myOUC.com and will be available across smart devices. Ms. Aviles explained how customers will receive targeted messages and a personalized Home Utility Report. She also discussed future program capabilities, such as gamification. President Ferrone asked if the program can handle more than 150,000 customers. Ms. Aviles replied that 150,000 customers is the maximum that can be'.served by this program, both due to the control group and the maximum number of customers in OUC's service territory that fall into the same type of classification. A control group,will be utilized to validate the savings obtained by the program. President Ferrone also inquired as to whether recommendations evolve over time based on customer information and behavior. Ms. Aviles responded that the messages get customized to customer specific information. Mayor Dyer asked if it would ever be possible to remove the control group in order to have 100 percent of customers signed up,for this type of program. Ms. Aviles responded that she will inquire with the vendor about increasing the potential number of customers. Mr., Ksionek asked Roseann Harrington to provide a presentation on Affirmative Item A-12 regarding the Utility-Exclusive Sustainability Partnership Agreement with the United States Tennis Association (USTA). Ms. Harrington provided background information about the USTA facility, which will be built on 63 acres in AT c A art V;B Ccs sa�,CLy Ccvn RR STs an � � j 7/14/15 44 Lake Nona and be Leadership in Energy and Environmental Design (LEED) certified. It will attract over 100,000 unique visitors per year, create 154 high- paying jobs and be the catalyst for the development and attraction of future businesses to the 300 acre Lake Nona Sports Innovation and Performance District. OUC proactively participates in the recruitment of high load and high impact projects, and the project qualified for an economic development rate rider. OUC will partner with the USTA to design, implement and showcase sustainable building practices on the campus. In exchange for consideration of infrastructure fees, OUC will enter an eight-year Partnership Agreement that will begin on January 1, 2017, and will provide OUC promotional rights, branding on sustainability assets and additional opportunities to educate the public about conservation-related products and programs. Commissioner Kirby announced a conflict of interest with Affirmative Item A-2. Commissioner Lee announced a conflict of interest with Affirmative Item A-12. President Ferrone presented the remaining Affirmative Items for approval. On a motion by Mayor Dyer and seconded by Commissioner Kirby, the remaining Affirmative Items were approved as follows: 1. Ratification of the fuel procurements to the low bidders in April 2015 in the aggregate amount $8,695,723.50 as follows: t NATURAL GAS PURCHASES: Apr. 2015 BG Energy $ 161,700.00 Apr. 2015 BP Energy $ 493,675.00 Apr. 2015 EDF Trading (Formerly Eagle Energy) $1,285,933.94 Apr. 2015 Enbridge Marketing, LP $ 447,865.83 Apr. 2015 Energy America (Direct Energy) $ 182,350.00 Apr. 2015 ENI USA Gas Marketing $ 162,111.00 Apr. 2015 Infinite Energy $ 152,663.09 Apr. 2015 Macquarie Cook Energy, LLC $1,245,406.30 Apr. 2015 Shell Energy $ 565,668.19 Apr. 2015 Tenaska Marketing Ventures $2,553,095 04 Apr. 2015 Texla Energy Management, Inc. $ 934,007.27 COAL PURCHASES: Apr. 2015 Mercuria Coal Marketing/ECC $ 511,247.84 2. Pulled for separate vote; 3. Approval of an OUC initiated scope change and conforming Change Order No. 1 to Florida Fluid System Technologies, Inc. in the amount of $120,000 to continue providing precision instrumentation valves and fittings for Stanton Energy Center Units 1 & 2, Combined Cycle Unit B and Indian River Plant through July 31, 2016, increasing the total Purchase Order amount to $746,250; 7/14/15 45 4. Approval of RFP #3945 - Contract award to Storm Technologies, Inc.; Fossil Energy Research Corporation; Amec Foster Wheeler North America Corporation; TJR Technical Services, Inc.; and Babcock & Wilcox Power Generation Group, Inc., the responsive and responsible vendors, to provide boiler optimization and performance testing services for the Stanton Energy Center Units 1 and 2 steam generators in the aggregate amount of $1,400,000, pending final contract negotiations and OUC legal review. The contract term is three years with two one-year renewal options; 5. Approval of RFP #3921 - Contract award to Tomlinson Aviation, Inc. to provide aviation helicopter services in the amount of $171,800. The contract term is three years with two one-year renewal options; 6. Approval of <the Electric Distribution Construction Estimate for the relocation of an overhead electric distribution system along Hoffner Avenue, between South Conway Road and Manatee Street in the Orlando service territory, in the amount of$534,028.67; 71 Approval of two Lighting Construction Estimates for Irlo Bronson Memorial Highway from Eastern Avenue to Nova Road and Aeronautical Drive to Budinger Avenue in the aggregate amount of $2,620,302.17. This includes $1,062,097.48 for lighting equipment from OUC's stock inventory, $89,564.50 to Comprehensive Engineering Services, Inc. for the photometric designs and $1,468,640.19 to Terry's Electric, Inc. for the installation of poles, fixtures, concrete bases, conduit and wires, with customer contributions in the amount of$2,620,302.17; 8. Approval of the Lighting Construction Estimate for John Young Parkway from Interstate 4 to Oak Ridge Road in the amount of $677,065.06, which includes $266,192.33 for lighting equipment from f OUC's stock inventory and $410,872.73 to Terry's Electric, Inc. for the installation of the poles, fixtures, conduit and wires, with customer contributions in the amount of$677,065.06; 9.1 Approval of RFP #3926 - Contract award to Experian, Inc., the sole responsive and responsible vendor, to provide credit scoring services in the amount of $190,000. The contract term is three years with two one-year renewal options; 10. Approval is requested of a Capital Expenditure Estimate for the Home Energy and Water Reporting Program in the amount of $547,500. Approval of RFP #3846 - Contract award to Schneider Electric USA, Inc., the most responsive and responsible vendor, to provide a customer based Home Energy and Water Reporting in the amount of $1,326,900, pending final negotiations and OUC legal review. The contract term is three years with two one-year renewals; 7/14/15 46 11. Approval of RFP #3866 - Contract award to DEX Imaging, Inc., the most responsive and responsible vendor, to provide digital press services in the amount of $341,730. The contract term is three years with two one-year renewal options; 1 i. Pulled for separate vote; 13. Approval of additional funding in the amount of $50,000 with conforming Change Order No. 1 to Ford & Harrison LLP to provide Commission-wide employment and labor law services through September 2015, increasing the total Purchase Order amount to $145,000; 14. Approval of additional funding in the amount of $150,000 with conforming Change Order No. 1 to Gray Robinson, P.A. to provide Commission-wide legal services through September 2015, increasing the total Purchase Order amount to $240,000; and 15. Approval of additional funding in the amount of $100,000 with conforming Change Order No. 1 to O'Connor & O'Connor LLC to provide Commission-wide legal services for personal injury claims against OUC through September 2015, increasing the total Purchase Order amount to $195,000. On a motion by Mayor Dyer and seconded by Commissioner Lee, Affirmative Item A-2 was approved as follows: 2. , Authorization for the General Manager & CEO to execute the Natural Gas Supply Agreement for a Natural Gas Supply Arrangement with LNG Holdings (Florida) LLC, contingent upon final legal review and approval. Commissioner Kirby previously announced a conflict of interest and abstained from the vote. On a motion by Mayor Dyer and seconded by Commissioner Kirby, Affirmative Item A-12 was approved as follows: 12� Authorization for the General Manager & CEO to execute a Utility- Exclusive Sustainability Partnership Agreement with the United States Tennis Association, including OUC contributions for sustainable features in an amount not to exceed $216,000. The contract period is eight years, commencing January 1, 2017 through December 31, 2024. Commissioner Lee previously announced a conflict of interest and abstained from the vote. a.v6-a 7/14/15 47 John Hearn stated that OUC is $1.3 million ahead of budgeted net income for electric retail energy through the month of June, or approximately $7 million ahead of electric retail revenue for Fiscal Year 2015. Expenditures are under budget, and resale revenue was ahead of budget during the month. Water revenue was on target for the month. 1 Mayor Dyer asked about the percentage growth for new customers and how it relates to other utilities in the state. Mr. Hearn replied that the customer growth for 2016 is 3.1 percent for electric and 1.5 percent for water. He did not have specific comparative numbers at that time but commented that 3 percent electric growth is substantial. Jonathan Sebastian Blount, an OUC customer, commented on the importance of municipal utilities on disenfranchisement within the African American community. Mr. Ksionek introduced the new Vice President of Customer Service, Maggie Duque and welcomed her to the Commission. Ms. Duque thanked Mr. Ksionek for the opportunity. Mr. Ksionek announced that OUC recently set several new power use records of 1200 MW and counting. Mr. Ksionek stated that the next Commission Meeting will be held on August 25. There will be a Sustainability Update starting at noon on the same day prior to the regular scheduled meeting. Mr. Ksionek advised that an Electric Rate Design Workshop is planned for the month of September. Commissioner Kirby congratulated OUC on receiving the APPA award and welcomed Ms. Duque. He thanked everyone who participated in the remembrance of Katie Porta. Commissioner Lee apologized for being unable to attend the meeting in person and thanked the team for their hard work on the Budget and Capital Plan. He congratulated Mr. Stallings on his Service Award. He is very excited about the agreement with USTA. He is looking forward to increased dialogue on sustainability initiatives. 7/14/15 48 Mayor Dyer also expressed excitement for the Sustainability Workshop and congratulated Ms. Harrington and her team on the USTA agreement. He welcomed Ms. Duque to OUC. President Ferrone commented on OUC's sound financial position and how it allows staff to do great things on behalf of rate payers and the community. She was very impressed with the Budget Workshop and how it tied into the Strategic Initiatives. She also praised OUC continuously working towards process improvements. President Ferrone adjourned the meeting at 3:37 P.M. President Secretary i r 3/10/15 10 MINUTES ORLANDO UTILITIES COMMISSION March 10, 2015 2:00 P.M. Present: COMMISSIONERS: Linda Ferrone, President Maylen Dominguez, Second Vice President Dan Kirby, Immediate Past President (via telephone) j Buddy Dyer, Mayor Kenneth P. Ksionek, General Manager & Chief Executive Officer Jan Aspuru, Clint Bullock, Roseann Harrington, Byron Knibbs, Chip Merriam and Rob Teegarden, Vice Presidents j Jerry Sullivan, Vice President & Chief Information Officer John H. Hearn, Vice President & Chief Financial Officer W. Christopher Browder, Vice President & General Counsel Nanci Schwartz, Recording Secretary President Ferrone asked Debbie Bradshaw to give the invocation, followed by the Pledge of Allegiance to the Flag. The Commission Meeting was called to order at 2:05 P.M. On a motion by Mayor Dyer, seconded by Commissioner Dominguez and unanimously carried, the reading of the minutes of the January 27, 2015 Commission Meeting was waived and the minutes were approved. On a motion by Commissioner Dominguez, seconded by Mayor Dyer and unanimously carried, the reading of the minutes of the February 24, 2015 Water Resource Strategy Workshop was waived and the minutes were approved. Mr. Ksionek asked Wade Gillingham to provide a presentation on Affirmative Item A-5 related to the Orange County Landfill Gas to Energy Expansion (LFGE) Project. Mr. Gillingham explained the benefits, challenges and background of the LFGE Project. The original estimated capital cost was $21 million. Phases 1-4 have been approved by the Commission and completed. Since 2012, LFGE production has increased by 31 percent, which has caused accelerated implementation of Phase 5-6. An additional blower flare will be installed to �O� -B-B l 3/10/15 11 ensure Orange County maintains the Title V permit. Stearns, Conrad & Schmidt Consulting Engineers, Inc. (SCS) will be utilized as they have worked with Orange County for the past 11 years. Commissioner Kirby asked if a design criterion was developed and if so, how was it developed. Mr. Gillingham stated that OUC engineering worked in conjunction with SCS to develop the scope for Phase V. Commissioner Kirby also expressed concern over using the design-build procurement exception as opposed to the emergency exception, because the design-build exception would require OUC to have an independent design criteria professional prepare documentation. Mr. Browder responded that OUC took the design-build approach because OUC utilized the same individual who worked with internal engineering staff on Phase V and would not have to undergo a bid process. Mr. Browder also cited the emergent need to cover the Title V compliance under the existing agreement with Orange County and OUC's contractual obligation to receive additional gas flow. He stated that the emergency exception would also justify the approach. Commissioner Kirby requested to amend the text of the agenda item to cite emergency rationale for this project due to the time constraints as opposed to the ' design-build exception. There were no objections to the amended language. President Ferrone pulled Affirmative Item A-5 for a separate vote. rt'F�siCLiL ask6&_8any-Aspuru-to,'p evide�a�presen tla� Qn,�4ffi►rnafiv � r A-6 related # °tt�e-1=TS=2 -...,t '�,y ._.. �G _s`Tans.portatio.nService_Agrement. M :Asp'uru,jtated; that OUC has�firtri-cgpacity-rights on-;the-FG.T nalpral gasMpip line System�whi h ares.necessarya�ttansort�riatucl;gasfrom prpd:�actlori ar"��as foO.U.C's�power plants. Agreements are labeled FTS-1, FTS-2, or FTS-3. Rates_under-l@gacy- ti, �grtnec�#s.,such=as.FTSlwand;F-TS=2:are_significan#lylowe.r_.than� ewe FTS 3 Eafftfn the s. NRG 'Power Marketing (NRG)-is shutting down Wl'opetations in Florida and OUC,has the opportunity to purchase NRG's.FTS=2 capacity. ;Commissioner Dominguez asked if the effective rate factors in years OUC is paying for but not utilizing the FGT pipeline. Mr. Aspuru responded affirmatively \ and explained that this is a conservative estimate which allows some recovery. President Ferrone asked about revenue enhancement for resale. Mr. Aspuru responded that estimates are approximately 10-15 cents out of the 72 cent rate, { or approximately $1 million per year. Commissioner Dominguez asked for clarification regarding Affirmative Item A-12 regarding the Vegetation Management Services. She asked why the change order was necessary and if OUC has a plan in place for moving electric a(� `f -q 3/10/15 12 distribution systems underground. Mr. Bullock replied that the first one-year renewal option is being enacted and therefore additional funds are required. He stated that underground conversions are based on several factors, including age, cost, right-of-way, and commercial projects. Mr. Ksionek added that 60 percent of OUC's system is currently underground, which is higher than other utilities. He reiterated that new residential subdivisions are always placed underground, and stressed the risk with moving older systems underground in established i neighborhoods. OUC routinely conducts assessments to bury lines when overhead upgrades are being made and customer contributions are considered to mitigate costs. He stated that the current estimated cost is in excess of $1.2 billion to bury the remaining overhead electric distribution infrastructure. !President Ferrone presented the Affirmative Items for approval. On a motion by Mayor Dyer and seconded by Commissioner Ferrone, the Affirmative Items with the exception of A-5 were approved as follows: 1. Ratification of the fuel procurements to the low bidders in November and December 2014 in the aggregate amount $22,908,911.85 as follows: NATURAL GAS PURCHASES: Nov 2014 BP Energy $ 266,850 00 Nov 2014 EDF Trading (Formerly Eagle Energy) $ 646,814.30 Nov 2014 Enbridge Marketing, LP $ 371,718.11 Nov 2014 Macquarie Cook Energy, LLC $ 741,830.52 Nov. 2014 Shell Energy $ 656,000 00 Nov. 2014 Tenaska Marketing Ventures $ 865,697.55 Nov. 2014 Texla Energy Management, Inc $ 632,440.25 Dec 2014 BP Energy $ 165,750 00 Dec 2014 EDF Trading (Formerly Eagle Energy) $ 533,808.69 Dec 2014 Enbridge Marketing, LP $ 336,452 19 Dec. 2014 Florida Power& Light $ 587,300 00 Dec. 2014 Macquarie Cook Energy, LLC $ 186,860.00 Dec. 2014 Tenaska Marketing Ventures $1,196,823 62 Dec. 2014 Texla Energy Management, Inc $ 612,356 80 COAL PURCHASES: Nov 2014 Crimson Coal Corporation $2,977,121.09 Nov 2014 Foresight Coal Sales, LLC $3,295,044.21 Nov 2014 Mercuria Coal Marketing/ECC $ 638,497.95 Dec. 2014 Crimson Coal Corporation $4,891,815 02 Dec. 2014 Foresight Coal Sales, LLC $2,707,455 36 Dec. 2014 Mercuria Coal Marketing/ECC $ 598,276 19 2. Approval of a sole source Purchase Order to General Electric International, Inc. to provide material and labor for the Stanton Energy Center Units 1 & 2 boiler feedwater pump turbine valves inspection and repair services in the amount of $315,000, pending final contract negotiations and OUC legal review; (' X06 g��o i 3/10/15 13 3. Approval of additional funding in the aggregate amount of $671,500 with conforming Change Order No. 1 to Tampa Armature Works, Inc., TAW Orlando Service Center, Inc. and Stewart's Electric Motor Works, ' Inc. to provide electric motor repairs at Stanton Energy Center Units 1 & 2, Combined Cycle Unit B and Indian River Plant, increasing the total Purchase Order amounts to $1,421,500; 4. Approval of Change Request No. 3 to the Capital Expenditure Estimate for Phase 2 of the Stanton Energy Center Flue Gas Scrubber Upgrade Project in the amount of$2,594,210, increasing the total project cost to $31,326,210. Approval of an OUC initiated scope change and conforming Change Order No. 1 to URS Corporation to provide the necessary engineered equipment and services for the flue gas scrubber internal upgrades in the amount of$4,739,857, increasing the total Purchase Order amount to $7,931,857, pending final contract negotiations and OUC legal review; 5. Pulled for separate vote; 6. Authorization for the General Manager & CEO to execute the FTS-2 Gas Transportation Service Agreement with Florida Gas Transmission Company, <t@w=as d . f-rpt;a permlanent Lrgease-�r 7FTS.-2 Tzar odatio c pacttjr;k2jt'rfVR:G Pi wer aia(eting,:�_LCy,inpth(it arqoun#.-- of $43;5.00;000: .-The contract term will be effective April 1, 2015 and will go through May 31, 2023, contingent upon final legal review and i approval; 7. Approval of Change Request No. 2 to the Transmission Capital Expenditure Estimate in the amount of $3,500,000 for engineering, procurement and construction support necessary to complete Phase 2 of the Pine Hills to Turkey Lake Transmission Line Upgrade, increasing the project cost to $4,950,000. Approval of an OUC initiated scope change and conforming Change Order No. 2 to Leidos in the amount $690,000 to provide design engineering, surveying, soil borings, permitting and construction management services, increasing the total Purchase Order amount to $1,002,000. Approval of an Electric Distribution Construction Estimate to relocate the electric distribution facilities in the amount of$955,542.08; 8. Authorization for the General Manager & CEO to execute the Joint Participation Agreement with the City of Orlando for the North Bumby Avenue Drainage Improvements Project. Approval of a Water Distribution Construction Estimate for construction, administration and inspection costs for the North Bumby Avenue Drainage Improvements Project in the amount of$1,657,255.50. Approval of a Purchase Order to the City of Orlando for reimbursement of construction costs in the amount of$1,377,455; I 1 3/10/15 14 I 9. Approval of RFP #3780 - Contract award to Goff Communications, Inc., the most responsive and responsible vendor, to furnish and install a new Stanton Energy Center communication tower in the amount of $247,698; 10. Approval of SOQ #3804 - Contract award to Comprehensive Engineering Services, Inc., the most responsive and responsible vendor, to provide street lighting design engineering services in the amount of $375,000. The contract term is three years with two one- year renewal options; 11. Approval of RFP #3809 - Contract award to Flash-Rite, Inc., Acme Barricades LC and AWP, Inc., the most responsive and responsible vendors, to provide traffic control and lane closure services in the aggregate amount of $1,667,180. The contract terms are three years with two one-year renewal options; 12. Approval of an OUC initiated scope change and conforming Change Order No. 1 to Davey Tree Expert Company in the amount of $3,327,170 to continue providing vegetation management services through May 20, 2016, increasing the total Purchase Order amount to $12,765,344; 13. Approval of an OUC initiated scope change and conforming Change Order No. 1 to Convergent in the amount of $665,000 to provide collections, Power Pass and emergency storm related call center services for a one-year period, increasing the total Purchase Order amount to $1,125,000; 14. Approval of RFP #3864 - Contract award to Annan Landscape Co. for landscape maintenance services in the amount of $436,412. The contract term is three years with two one-year renewal options; 15. Approval of an OUC initiated scope change and conforming Change Order No. 1 to SWS Environmental Services in the amount of $2,200,000 to supply clean fill dirt for the Stanton Energy Center Combustion Waste Storage Area through June 2017, increasing the total Purchase Order amount to $4,223,560; 16. Approval of an OUC initiated scope change and conforming Change Order No. 1 to Organizational Dynamics, Kincaid Performance Solutions, Crowned Grace, International, and CMA Enterprises Incorporated in the aggregate amount of $400,000 to continue providing professional development, coaching and E-learning services_ through August 31, 2016, increasing the total Purchase Order amount to $850,000; e2OG 3/10/15 15 17. Authorization for the General Manager & CEO to execute the Release of Easement for the Orange County Landfill, located west of Innovation Way and east of Young Pine Road; 18. Authorization for the General Manager & CEO to execute the Release of Easement for Park Square Dellagio LLC, located west of Della Drive and north of Villa Dellagio Way; 19. Approval of RFP #3514 - Contract award to AdvizeX Technologies, Inc., the most responsive and responsible vendor, to provide support services required for the implementation of the Exchange Email Upgrade Project in the amount of$119,370; 20. Approval of an OUC initiated scope change with conforming Change Order No. 1 to Oracle in the amount of $356,197.79 for renewal of all Oracle database license maintenance and support for the period of April 30, 2015 through April 29, 2016, increasing the total Purchase Order amount to $653,104.05; and 21. Approval of a sole source Purchase Order to Oracle America, Inc. for all Oracle Meter Data Management application license maintenance and support for the period of April 30, 2015 through April 29, 2016 in the amount of$341,554.51. On a motion by Commissioner Dominguez and seconded by Mayor Dyer, Affirmative Item A-5 was approved as amended: 5. Approval of an OUC initiated scope change and conforming Change Order No. 1 to Stearns, Conrad & Schmidt Consulting Engineers, Inc. for design-build services for Phase V of the Landfill Gas to Energy Expansion Project in the amount of $6,574,550, increasing the total Purchase Order amount to $6,664,550, pending final contract negotiations and OUC legal review. Commissioner Kirby reported the Finance Committee held its regular meeting on February 10, 2015. The Committee reviewed the quarterly Treasury and Energy Risk Management Reports. The Committee considered a Resolution authorizing the issuance of $110 million inew money bonds to fund a portion of OUC's Fiscal Year 2015 and 2016 capital needs. The Committee reviewed the current bond interest rate market and ,capital needs for the next two years. The bonds will be fixed rate with a final maturity of 20 years. The bonds are expected to be offered electronically in a competitive bid process in early April. The Committee also reviewed the key documents associated with the new money bonds including the 2015A Series Resolution, the Official Notice of Sale, a 0G - t3 3/10/15 16 the Preliminary Official Statement and the Continuing Disclosure Agreement. The Finance Committee recommends that the Board approve the Series 2015A Utility System Revenue Bonds Resolution. On a motion by Commissioner Dominguez and seconded by Mayor Dyer, PRES- 1 a was approved as follows: PRES-1 a A Resolution of the Orlando Utilities Commission authorizing the issuance of not exceeding $110,000,000 utility system revenue bonds, Series 2015A for the purpose of financing capital projects for its utility system; providing for the terms of said bonds; appointing a paying agent and registrar for said bonds; authorizing a public sale of said bonds and approving the form and authorizing the publication of an official notice of sale; delegating certain authority to the General Manager or the Vice President and Chief Financial Officer and other officers including the authority to award the sale of the bonds; authorizing the preparing, deeming final and distribution of a preliminary official statement and the execution and delivery of an official statement; creating and establishing a Series 2015A account in the construction fund and a costs of issuance account; authorizing the execution and delivery of a continuing disclosure agreement; authorizing proper officials to do all other things deemed necessary or advisable in connection with the issuance, sale and delivery of said bonds; providing certain other matters in connection therewith; and providing an effective date. John Hearn announced that all three rating agencies have reaffirmed OUC's ratings. Mr. Hearn stated that OUC is approximately $4.3 million ahead of budgeted net income through February 2015. Retail electric and water sales are slightly below budget. Resale revenues are above budget and operating expenses are slightly under budget. Doug Head, an OUC customer, discussed proper access to public meetings. President Ferrone assured Mr. Head that OUC staff would respond to his concerns. Mr. Ksionek asked Clint Bullock to provide a presentation on the 1-4 Ultimate Improvement Project. 1-4 Mobility Partners, a $2.32 billion public-private partnership, is the concessionaire for the project and was identified on April 23, 2014. The official construction date was February 1, 2015 and includes 21 miles from Kirkman Road to State Road 434. This includes 10 miles of OUC water territory and 15 miles of OUC electric territory. Utility relocations should be 3/10/15 17 completed within the first three years of the project, and Skanska, Granite and Lane Construction (SGL) will pay for all utility conflicts. OUC will pay for all costs associated with infrastructure upgrades. Mr. Bullock explained the project features and showed a video overview of the project through Downtown Orlando. He also discussed several points of conflict, including ramps crossing over the America Street Substation and relocation of the Garland Avenue manhole system. Design and construction will be performed by SGL with OUC inspections. He thanked Lemoyne Adams, Ron Toporek and Wayne Morris for their work on the project. i Commisioner Dominguez asked for clarification regarding inspections. Mr. Bullock stated that knowledgeable OUC staff will be utilized as inspectors. * * Mr. Ksionek asked Mr. Bullock to provide a presentation on Centralized Transmission Operator (TOP) Services. He thanked Brad Chase, Ken Zambito, Rich Kinas and Carlos Woody for their work on the project. The TOP is responsible for maintaining the safe, reliable and efficient operation of the electric transmission system. TOP tasks include monitoring real-time system conditions, operating and controlling the system, coordinating with the Florida Reliability Coordinating Council (FRCC) Reliability Coordinator and neighboring systems, ensuring sufficient resources are available to maintain voltage and reviewing and implementing scheduled outage requests. Compliance costs associated with i Version 5 of the North American Electric Reliability Corporation (NERC) Critical Infrastructure Protection (CIP) standards will have a significant impact to owners of TOP control centers. Under the the Centralized Transmission Operator Alliance Agreement, OUC will offer TOP services from the Energy Control Center, saving participants millions of dollars in CIP costs. The agreement will commence on October 1, 2015. Any penalties, sanctions, fines or costs would be shared among the Members. Commissioner Dominguez asked for clarification regarding the committee's review process. Mr. Bullock stated that the TOP Committee is currently meeting 'on a monthly basis, while the Executive Committee will meet on a regular basis. He will serve as OUC's executive. i .President Ferrone asked if additional entities could be added to the agreement, and if the additional revenue was included in OUC's budget. Mr. Bullock stated that additional entities could be added based on prorated costs. He also stated that this revenue was not included in the budget but will support Strategic Initiative 1. * * * I Commissioner Dominguez stated she was glad to see the Landfill Gas to Energy Expansion Project moving forward. She appreciated Ms. Bradshaw's comments regarding being good stewards for water. She addressed Mr. Head's comments Q06-8-t5' 3/10/15 18 and stressed the importance of balancing security with being welcoming to the public. Mayor Dyer commented on Orlando City Soccer's opening game and other activities in the City of Orlando occurring over the weekend at the three new venues. President Ferrone thanked OUC staff for the Water Resource Strategy Workshop and looks forward to continued focus on water resource assets. She commented on ways to increase revenue as well as taking advantage of new FTS-1 and FTS-2 opportunities. She was glad to hear that OUC's bond ratings were reaffirmed. She thanked Mr. Bullock for the update on the 1-4 Ultimate Project and asked for future updates. She reiterated that the public is welcome at Commission Meetings and requested that staff re-evaluate the procedures. I President Ferrone adjourned the meeting at 3:18 P.M. President Secretary I I i COMMUNITY DEVELOPMENT INDIAN RIVER COUNTY, FLORIDA IR MEMORANDUM TO: Joseph A. Baird; County Administrator I FROM: i Stan Boling, AICPC unity Development Director DATE: October 5, 2015 SUBJECT: Consideration of Comprehensive Plan Amendment Options: Water Connection Policy Change or Urban Service Area Expansion West of 58th Ave and South of the Main Relief Canal It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 13, 2015. BACKGROUND At its meeting of August 18,2015,the Board of County Commissioners(Board)discussed the comprehensive plan water connection policy and Urban Service Area boundary location in the vicinity of Epic Missions, formerly known as Christian Outreach International(see Attachment 1). Epic Missions,approved in 2002 as a multiple phase 16 acre"camp/retreat"facility, is located on the south side of 12th Street over 1,300 feet west of 581'Avenue(see Attachment 2). At that location, 58th Avenue is the nearest boundary of the Urban Service Area(USA). The first phases of the retreat facility have been developed(16—bed retreat center,2,600 sq. ft. office, large covered pavilion), and the facilities are served by on site well water, a septic/drain field system, and a"dry hydrant" fire protection system. Last spring, Epic Missions discussed with staff further development of the facility and a desire to connect to county water. On June 15,2015,a pre-application conference was held with Epic Missions on future phases of construction and connection to county water. At the pre-application conference,staff confirmed the substance of previous discussions with Epic Missions, namely that its site was located too far away from the Urban Service Area boundary and main water distribution lines to qualify for connection under the comprehensive plan's water connection policy, and that further development of the site would need to occur with on-site facilities per previously approved plans(see Attachment 3). At its August 18, 2015 meeting, the Board directed staff to explore two options, either of which if pursued would provide Epic Missions the opportunity to connect to County water. One option is to expand the Urban Service Area(move the USA boundary)to include or touch the Epic Missions site.Another option is to amend the water connection policy itself to,provide an exception that would allow Epic Missions and similar facilities to connect. Pursuing either option would require a comprehensive plan amendment. The next amendment application window is the month of October. Consequently, if at its October 13, 2015 meeting the Board directs staff to initiate a comprehensive plan amendment, staff will place that amendment in the October application cycle. Comprehensive plan amendments take approximately 9 months to process. 1 M:\AGENDA\Current Year\2015\10-13-15 Consideration of Comp Plan Water Connection Policy and USA Boundary Location West of 58th Av and South of Main Relief Canal.docx 207 The Board is now to consider whether or not to direct staff to initiate a comprehensive plan amendment to expand Ithe Urban Service Area (move the USA boundary) to include the Epic Missions site or add an exception to the existing comprehensive plan water connection policy. DESC IIPTION & CONDITIONS f • Purpose of the Urban Service Area & Connection Policies Since 1990, Indian River County has had a designated Urban Service Area(USA). Located almost entirely east of interstate 95,the USA is that portion of the county where urban services and facilities are provided. As such,the USA is that part of the county which can accommodate higher intensity development. While the principal purpose of the Urban Service Area is to establish where urban facilities such as water and sewer lines are constructed and where urban services are provided, the USA also serves as an urban growth boundary. In that capacity,the USA serves as the area in which urban development is encouraged,and outside of which urban development is prohibited. In its present position,the Urban Service Area boundary provides a clear delineation between urban and rural areas. Since the uses allowed outside the USA are limited to extremely low density residential uses or clustered development,as well as agricultural and natural uses,the USA serves to maintain the rural character of the land outside the urban service area. For that reason,the USA provides an important function in directing urban and rural development to appropriate locations. An important aspect of the county's comprehensive plan and Future Land Use Map is to direct residential, commercial, and industrial growth to property inside the Urban Service Area. In so doing, the plan ensures that infrastructure investments are made in an efficient and cost effective manner, while urban development occurs in a generally compact pattern. In the Future Land Use Element of the comprehensive plan, there are several Urban Service Area policies. Those policies primarily focus on services provided within the Urban Service Area,densities allowed within and outside the Urban Service Area, and uses allowed inside and outside the Urban Service Area. Those policies also address Urban Service Area expansion. As to the restriction of public facilities outside of the Urban Service Area, that issue is addressed in both the Potable Water Sub-Element and the Sanitary Sewer Sub-Element of the comprehensive plan. Through Policy 5.7 of the Potable Water Sub-Element and Policy 5.8 of the Sanitary Sewer Sub-Element,the comprehensive plan essentially limits the provision of centralized water and sewer service to areas within the Urban Service Area. Although those policies limit water and sewer service to areas within the USA,each of the policies has a list of exceptions to the overall rule of prohibiting water and sewer outside of the USA. Exceptions to the prohibition of providing water and sewer service outside the USA are limited. Those exceptions include an allowance for uses, such as agricultural businesses and agricultural industries, which typicallyl and appropriately locate in rural areas. Exceptions also apply to certain types of uses, such as clustered developments and also to TND (traditional neighborhood design) projects which are allowed to straddle the USA boundary. Both of these types of development are encouraged by the county. There are exceptions for properties with a high risk of private well contamination and properties that are contiguous to (touching)the USA boundary. Finally,there is an exception for properties that lie within 500 feet of a main water distribution line that is part of a looped system. That exception was adopted by the Board on December 3, 2013 (see Attachment 4). 2 M:\HGENDA\Current Year\2015\10-13-15 Consideration of Comp Plan Water Connection Policy and USA Boundary Location West of 58th Av and South of Main Relief Canal.docx 208 ANALYSIS • Expanding the Urban Service Area Expanding the Urban Service Area (USA) includes changing the future land use designation of the new "urban"area from agricultural to either residential or commercial/industrial. Thus,expanding the USA either increases residential density and the supply of residential land or it increases the supply of commercial/industrial land. Future Land Use Policy 2.4 contains the county's principal criteria for determining whether or not to expand the USA. That policy reads as follows: Policy 2.4: The county may expand the urban service area if the expansion is warranted based on the need to accommodate additional projected population. Any expansion area shall be based on that area's environmental suitability for urbanization,existing and future land uses,and the availability of services and facilities. Based on that policy, expansions of the USA may be approved if adequate services are available, if the expansion increases the supply of residential land and is needed to accommodate projected population growth (applies to residential increases only),and if the expanded area would be compatible or suitable with respect to adjacent existing and future land uses. I Since establishing the USA boundaries in 1990,the Board has rarely expanded those boundaries. When the USA was established in the 1990 comprehensive plan,that plan contained a policy that required the county,by 1993,to perform an analysis of USA boundaries that serve as major roadways and are corridors for main utility lines [old land use policy 1.37]. Such boundaries included 581i Avenue south of the Main Relief Canal, 161' Street west of 581i Avenue, and 82nd Avenue south of 161' Street. Old policy 1.37 was intended to allow expansion of the USA to both sides of such roads if the county determined that more efficient use of the main utility lines sufficiently justified USA expansion. In 1991, the 40 acre Feldman property, located on the west side of 581i Avenue south of 41' Street, was included in the USA and re-designated R (Residential up to 1 unit/acre). That change was justified by the utility line efficiency rationale of old policy 1.37 and a finding that the change was compatible with surrounding properties. The Feldman property remains undeveloped to this day. In 1993,the county complied with old policy 1.37 by analyzing and considering an amendment to expand the USA, including expanding one quarter mile on the "far"side of 581 Avenue (west side), 161' Street(south side),and 82nd Avenue(east side). At public hearings before the PZC(Planning&Zoning Commission)and the BCC,and a public discussion"workshop"before the Board,numerous property owners in the potentially affected areas provided input and generally opposed expanding the USA and associated increases in residential density. Ultimately,the Board voted to deny transmittal of an amendment for expanding the USA,and later deleted old policy 1.37 in its entirety. In addition,the Board decided not to allow connection of properties one quarter mile from the USA boundary so as not to provide a basis for ultimately expanding the USA to those limits in the future. In 2000,the Board considered a request to expand the USA to include the 30 acre Clontz property located on the west side of 58th Avenue immediately south of the Main Relief Canal. The Board eventually included the Clontz property in the USA with an allowance to develop the property at up to 3 units/acre under a PD. That property has since been developed as Segovia Lakes PD. However,the completed subdivision has been vacant for several years, with no houses or vertical construction. 3 M:\AGENDA\Current Year\2015\10-13-15 Consideration of Comp Plan Water Connection Policy and USA Boundary Location West of 58th Av and South of Main Relief Canal.docx 209 The few other USA expansions have involved commercial/industrial (C/1) property for industrial park development,consistent with economic development comprehensive plan policies. Those expansions included properties located west of I-95 along the north side of SR 60(Lambeth,Corrigan). One of those properties has been developed with the CVS Distribution Center and infrastructure for the Indian River Industrial Park. • Connection Policy i Although the county has rarely expanded the USA, the Board has adopted specific policy allowances for certain categories of properties located outside of the USA,allowing such properties to connect to county water and/or sewer service. Specific connection exceptions, found in Potable Water Sub-Element Policy 5.7 and Sanitary;S:iguous er Sub-Element Policy 5.8 include properties that are: 1. Cto the USA boundary, or 2. Located within 500 feet of a main distribution line that is part of a looped system, or 3. Characterized by an unacceptably high risk of private well contamination, or 4. Developed for one of the following special uses or development types: ' a. Agricultural PDs with clustered residential development b. Conservation-based PDs with clustered residential development c. Traditional Neighborhood Design developments, including mixed use areas within those developments d. Public facilities such as public schools adjacent to the USA boundary e. Agricultural businesses and industries Generally,these exceptions have not increased residential density outside the Urban Service Area. In addition, it is important to recognize that the allowance to connect does not obligate the county to provide the connection. Consequently,the county has required qualifying development that may connect to coverall costs of connection and connect only if service capacity was available and the system was configured properly to accommodate the connection. • Utility System Impacts Since the county adopted its Urban Service Area in 1990, the USA has been the basis for utility system expansion. Essentially,the USA established the area where water and sewer service would be provided and the area where it would be prohibited. By so doing, the Urban Service Area has provided the basis for effective utility system planning and capital improvements programming. Because of the Urban Service Area, the county's utilities system has grown in an efficient and effective manner. That has involved providing water and sewer service in the higher density urban areas,and limiting utility service outside the USA. By so doing,the utility system has avoided some of the problems that occur when water system expansion extends into rural areas. Generally,higher costs result when water systems are designed to provide adequate fire flow in areas without the residential density or non-residential demand to utilize the capacity in the transmission mains and other system components necessary to maintain fire flow. In low density/low demand areas, lower velocities flow through Imains designed for optimum fire flow, resulting in more detention time for the water and a deterioration of chlorine residue. The result is poor water quality. To address that problem, the utility department has to flush such lines on a regular basis, resulting in a loss of saleable potable water and higher operation and maintenance costs. Flushing is not an issue for main water lines that are part of a"looped" system;consequently,the December 2013 change to the water connection policy was done in a manner that did not create a flushing maintenance liability for the county or its rate payers. 4 M:\AGENDA\Current Year\2015\10-13-15 Consideration of Comp Plan Water Connection Policy and USA Boundary Location West of 58th Av and South of Main Relief Canal.docx 210 The Epic Missions facility is located over one quarter mile from the USA boundary and the closest main water line(58th Avenue). To serve that facility with potable water and adequate fire flow, an 8" water line would need to I be extended along 121 Street a distance exceeding 1,300 feet, at a cost of f$60/lineal foot (approximately$80,000)according to Utility Services. For purposes of this discussion,staff assumes that such a line would need to be.maintained by the county,since a one quarter mile private line extension would raise its own set of problems. The 1,300+foot line extension would result in a dead end line serving a low demand, rural area of the county. Therefore,such an extension would result in an inefficient system configuration that would require maintenance flushing and the associated waste of saleable potable water. Inefficient configurations are costly to operate, maintain, and depreciate/replace. ALTERNATIVES The Board directed staff to explore two alternatives. Those alternatives are discussed below. 1. Expand the Urban Service Area to include or touch the Epic Missions site. i Expanding the Urban Service Area to touch or include the Epic Missions site would allow for the site I o connect to water and/or sewer service under the existing connection policies. Such an expansion, however would be problematic, for reasons provided below. In a recent vacant land analysis exercise, staff determined that vacant land within the existing Urban Service Area is sufficient to accommodate 30—40 years of residential growth,with significantly more population growth accommodated on vacant land in Sebastian and especially Fellsmere.Therefore,at this time, there is no general county-wide need to create additional residential land via an Urban Service Area expansion. More specifically,projecting the USA boundary over one quarter mile into the rural area west of 581' Avenue along 12th Street and re-designating affected sites for future residential use could increase density in a fashion not appropriate with respect to adjacent rural properties. Concerning expansion for non-residential use,the Epic Missions site and adjacent sites are not appropriately located for a Commercial/Industrial node. Thus, expansion of the USA for a C/I designation of the subject site and adjacent sites is not appropriate. Therefore, in staffs opinion,the Urban Service Area should riot be expanded and projected to include or touch the Epic Missions site. 2. Change the water connection policy to add another exception, allowingthe he Epic Missions site and similar sites to connect. As discussed earlier, the existing connection policy exceptions have sound rationale: connect uses (agricultural industries and businesses) that serve the agricultural area located outside the USA; connect uses that cluster in a preferred development form (PDs and TNDs); connect sites close to already existing main lines that are part of a looped system. In the case of Epic Missions and similar places of assembly uses (e.g. retreats, churches), there is no compelling need to encourage and intensify such uses located"deep"(over one quarter mile) into a rural area. Such uses may continue with on-site facilities. Allowing facilities over one quarter mile away from the USA boundary to connect with a public line extension will result in long, dead end line extensions. Such extensions will create an inefficient system configuration in a low demand area resulting in higher costs for operating, maintaining, and depreciating/replacing that part of the system. Also, the resulting dead end line configuration will have water quality issues that will require special maintenance flushing and associated waste of saleable potable water. Therefore, in staffs opinion, a change to the water connection policy is not justified. 5 M:\AGENDA\Current Year\2015\10-13-15 Consideration of Comp Plan Water Connection Policy and USA Boundary Location West of 58th Av and South of Main Relief Canal.docx 211 Adding an exception for an institutional/place of assembly use category would allow Epic Missions to connect to County water. Although such connection might be beneficial to the individual user, negative impacts to the utility system could occur,as described above. Another potential negative of adding such an exception would be the intensification and encouragement of place of assembly uses deep into low density, rural areas. That land use situation could result in incompatibilities. Based on the land use suitability issues and utility system concerns described above, staff believes that the Urban Service Area boundary in the subject area should remain unchanged and the existing water connection policy should remain unchanged. RECOMMENDATION Staff recommends that the Board of County Commissioners vote to not initiate an expansion of the Urban Service Area in the subject area or initiate an amendment to the water connection policy. ATTACHMENTS 1. Minutes from August 18, 2015 BCC 2. Location Map 3. Excerpts from Pre-application Conference Comments for Epic Missions 4. Minutes from December 3, 2013 BCC(last water policy change) 5. Water Policy 5.7 and Sewer Policy 5.8 i Indian River Approved Date APPROVED AGENDA ITEM: Co, Admin. Id 7 FOR: October 13, 2015 Legal to- i j Budget Fj BY. Dept. ' //-!r' Dept. ro f Risk Mgr. 6 M•\AGENDA\Current Year\2015\I0-13-15 Consideration of Comp Plan Water Connection Policy and USA Boundary Location West of 58th Av and Soudi of Main Relief Canal.docx 212 --------------------------------------------------------------------------------------------------------------------- Commissioner Flescher, the Board unanimously scheduled a Closed Attorney-Client Session to occur at 10:30 a.m. on September 15, 2015. 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman I. Emergency Item: Christian Outreach International, Inc.'s Add Request for Inclusion in the Urban Service Area i ! Chairman Davis described the request of Christian Outreach International for access to the water and sewer utility services available in the Urban Service Area (USA). , He noted that the entity is only 700-feet away from the USA boundary. ON MOTION by Commissioner Flescher, SECONDED by Chairman Davis, by a 4-1 vote (Vice Chairman Solari opposed), the Board directed staff to return to the Board with options on the possibility of Christian Outreach International, Inc. connecting to water and sewer utility services. B. Commissioner Bob Solari, Vice Chairman 2:03 1. Sunset of Enterprise Zone p m (memorandum dated July 31, 2015) 590 -------------------------------------------------------------------------------- ------------------------- Vice Chairman Solari reported that the State Enterpri one Program will expire on December 31,2015. ON MOTION by Vice Chairman Solari ECONDED by Commissioner Flescher, the Board una usly: (1) directed the County Attorney to tie up any I se ends and prepare for the December 31, 2015 sunsettin f the State Enterprise Zone Program; and (2) directed taff to provide notice to the businesses that are curr ly receiving State Enterprise Zone benefits. Discussion sued, with input from Helene Caseltine, Economi Development Director, Indian River County Cha er of Commerce, with regards to providing special i ntives for those businesses located within the geographical area of the Enterprise Zone. Commissioner O'Brvan announced that the Treasure Coast i Regional Planning Council (TCRPC) is seeking a County representative to sit on its Brownfields Selection Committee. 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Feldman Site r r'a ,4 9 ',t' �r r tpru i•M6:,I't 'N.('r {_ n �{„"� � i. �,., p,!;.::: L �� NrYI, .3? _ o h• d .l a Attnnhmi-nt 9 i 1 I INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street,Vero Beach FL 32960 * * 772-226-1237/772-978-1806 fax �Zp}Iipy` www.iregov.com June 25, 2015 TODD HOWDER MBV ENGINEERING, INC 1835 20TH ST VERO BEACH,FL 32960 RE: Project Name: EPIC MISSIONS Project Number: 2000020146 Application Description: EXPANSION: 16,000 SQ FT MULTIPURPOSE BLDG/3,200 SQ FT RECREATION BLDG,4 COTTAGES,AND A 2,800 SF PARSONAGE, NEW DRIVE AISLES W/PARKING AND EXTEND WATER& SEWER MAINS TO SITE Application Number 74803 Tax ID#: 33-39-08-00001-0100-00001.0 Site address/Location: 6025 12TH ST VERO BEACH FL 32966 Dear Mr. Howder: Please find the following staff comments from the recently held formal pre-application conference on the above referenced proposal: L3)-PLING: CURRENT DEVELOPMENT 1. Be a7"7Lon to County water or sewer is not allowed based on the site being located outside oervice area (USA) and not meeting the connection criteria listed in Comprehble Water Sub-Element Policy 5.7. 2. Provide:a comparison to lb a of t-he previously approved square footages/number of beds versus the proposed plan. 3. Be advised if the proposed plan increases the project intensity by 10% or 10,000 sq. ft. of new gross floor area (whichever is less) over the previous approval, then a new special exception approval is required!Please provide calculations with the formal submittal. 4. Be advised the proposed project is subject to the specific land use criteria outlined in Section 971.40(11). Please include the specific land use criteria(listed below) on the site plan, together with a response to how each criterion will be satisfied on the site plan. a. The site shall be located on a minimum of twenty-nine(29) acres of property. b.No building, camping or recreation facility or area shall be located closer than forty (40)feet of any property line, or closer than seventy-five (75) feet to any property with a residential land use designation, whichever distance is greater. The referenced seventy-five-foot setback may be reduced to thirty-I ve(3 5)feet if a Type B buffer with a six-foot opaque feature is provided. Attachment 3 215 I 53. The piste d speed limit of abutting roadways shall be depicted on the site plan. [914.14(12)(h)] 54. The location and specifications of an entrance gate, if proposed shall be denoted on the plans. See Indian River County Land Development Regulations 952.12(10)for Gated Entrances requirements. 55.At intersections, walls, fences, plants, or sight obstructions of any kind over 18"in height are prohibited within the sight distance triangle as required by FDOT Index 546, 2014 Edition. [913.09(9)(B)] See the following link: http://www.dot.state.fl.us/rddesign/rd/RTDS/04/546.pdf 56. General notes shall be denoted on the plan stating the following: All parking spaces with exception of the handicapped parking spaces shall be striped in white, retro- reflective traffic paint and be in accordance with the Florida Department of Transportation (FDOT) Standard Specifications for Road&Bridge Construction, 2010, Section 710. i All handicapped parking spaces shall be properly signed and striped in accordance with the FDOT Standard Index 17346, 2015 Edition. See http://www.dot.state.fl.us/rddesign/DS/15/IDx/17346.pdf, sheet 12 of 14. All compact spaces shall be marked "Compact" on the stall or fire stop. 57. Denote a handicapped parking space detail on the plans, per FDOT Standard Index 17346, 2015 Edition. http://www.dot.state.fl.us/rddesign/rd/rtds/10/2015Standards.shtm 58. Denote a typical 30" STOP sign on the plans. 59. All solid, non-breakaway objects (gate posts/columns, bollards, street light poles, etc.) alongside interior streets and driving aisles, shall be located outside the clear zone. For streets and driving aisles with a design speed of 25 mph or less, the minimum clear zone is 2.5 feet from the face of the curb (type "D" or "F" ), or 6 feet from the edge of the travel lane. This applies to public and private property. 60. Since the development is within 8 miles of SR60 (1-95 to 66Av), that development's traffic study must indicate the number of trips on SR60, between I-95 and 66Av. The SR60 Interest Share Special Fee applies to all developments within 8 miles of SR60.The SR60 Interest Share Fee is $4,054.00 per pm, peak hour,project trip assigned to SR60 between 66th Avenue and 82nd Avenue. V2) -DEPT OF HEALTH PLANIPLAT REVIEW If public water and sewer is not available to this property, the following comments will apply: 61. Each building will require an onsite sewage disposal system. 62. Each system must be located minimally 75 feet from any surface water body, wet ditch, or wet retention area. 63. Estimated wastewater flows for the recreational building and the multipurpose building must be provided from the engineer. Attachment 3 216 64. Grease interceptors will be required for any common food service area whether the site is on sewer or onsite sewage disposal. 65. If connected to public sewer, all existing buildings must also be connected. At that time ab permits from the Department of Health will be required. abandonment 66. If more than 25 people will occupy the site more than 60 year per days the water system Y P Y y em will be permitted by the Department of Environmental Protection. 1 67. The water system will be permitted by the Department of Health if it serves less than 25 people. 68. The reviewing agent for the sewage disposal systems is Lori Hoffm •an, for the water system is Reid Hawkins. For discussion regarding the Environmental Health comments herein,please contJnot 794-7440. (UTI)- CO UTILITIES:PLAN/PLAT WATER& SEWER 69. The proposed project lies outside of the Urban Service Area. County Water and Sew available per the current IRC Comprehensive Plan policies. 70. Contact Jesse RRo�ol--annd�d at 772-22616336 with any questions regarding these comments. (FIRE)-FIItE IVISION-DEVELOPMEN�T REREVIEW 71. Turning radius shall be 35 ft. inside and 55 ft. outside utilizing full pavement width. IRCO 952(5) (b) Cul-de-sac width is required to be a minimum of 112 ft. in diameter and a pavement diameter including mountable curb of no less than 100 ft. IRCO 913.09(3) (d) (2) 72. An approved turnaround for fire apparatus shall be provided where an access road is a dead end and is in excess of 150 ft. in length. IRCO 952.17 (4) 73. Fire hydrants shall be installed within 500 ft. of the most remote portion of any new buildings, measured along the fire truck access route to the most remote building perimeter. IRCO 914.14(14)(b) Show existing hydrant location on plans. 74.The fire inspector for this project is Lt. Peggy Parmenter 772-226-1969. 1 Written acknowledgement of the formal pre-application conference and any opinions set forth by staff shall not be construed as approval of the project by the county commission or any county division or as a waiver of any, of the requirements of the LDRs. These comments shall only be considered an expression of each division's concerns with the general design concepts set forth in the preliminary sketches of the proposed development. If questions arise or additional information is needed, please do not hesitate to contact this office at (772)226-1239. Attachment 3 217 I 1 two (2) years from March 13, 2014 to March 13, 2016, as recommended in the memorandum of November 25, 2013. CERTIFICATE ON FILE 1N THE OFFICE OF THE CLERK TO � T BOARD 9. CONSTITUTIONAL OFFICERS AND G RNMENTAL J ; AGENCIES 9.A. CAROLS JEAN JORDAN IND R_<)? TAX COLLECTOR—PRESENTATION i OF CONSTITUTIONAL OF CER REPORT I' Indian River County Tax ]lector Carole Jean Jordan recapped the past few years, I annouiucing that even thou gl sere has been an increase of transactions, with no increase in the budget, her office man to decrease their total budget, and therefore presented the Board with j I a check in the am t of 82,688;892.27. i i e Chairman called for a break at 10:13 a.M., and reconvened the meeting at 10:25 a.n , with all members present. 10. PUBLIC ITEMS I10.A. PUBLICHEARINGS 10.A.1. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE POTABLE. WATER AND SANITARYSEIVER SUB-ELEMENTS OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 1 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling explained the purpose of amending the text of the Potable Water and Sanitary Sewer Sub-elements of the Comprehensive Plan (Policy 5.7 of the Potable B{ '14 4 PG 6 4 6 December 3, 2013 1.1 Attachment 4 i 21,8 t I Water Sub-element and Policy 5.8 of the Sanitary Sewer.Sub-element). The modifications would allow properties that lie outside the Urban Service Area to connect to centralized water and sewer main lines under certain conditions, which would increase the number of properties within 500 feet of a main line of a"looped" system to connect to water or sewer(along 661h Avenue where a main water line is being installed between 81h and 121h Streets). He recommended the Board approve the proposed text amendment and corresponding Ordinance. Discussion ensued relative to the proposed policy criteria for connecting to water or i sewer,options, fairness, and costs of the property owner. The Chairman opened the Public Hearing. Bob Johnson, Coral Wind Subdivision, sought and received further information regarding whether this would cause urban sprawl, and if the extension of the fire hydrant would be included. i Bob Grice, applauded the Board for quickly moving this item forward. i i There being no other speakers, the Chairman closed the Public Hearing. t MOTION was made by Commissioner Solari, SECONDED by Vice Chairman Davis, to approve staffs recommendation. Chairman O'-Bryan said he would support the motion,but his caveat was to ensure that i the 500-foot distance was set upon operating criteria, and that extending beyond.that point would have al i negative impact on the integrity of the water system. This generated further discussion on the existing main lines that serve the overall utility system. 6K 144 PG 647 December 3, 2013 12 Attachment 4 219 i The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board adopted I Ordinance 2013-020, amending the text of Policy 5.7 of the Potable Water Sub-element and Policy 5.8 of the I Sanitary Sewer Sub-element of the County's Comprehensive Plan; and providing codification, severability, and effective date. IO.B. PUBLICDISCUSSIONITEMS 10.B.1. REQUEST TO SPEAK FROM IMPACT FEE CONSULTANTS REGANG COUNTY CHARGES FOR ALTERNATIVE METHOD CALCULATI AND IMPACT FEES I I i Charlie Wilson, Impact Fee Consultants, used a PowerPoint p sentation to report the 1 results of a recent independent study on Impact Fees, and stress at inaccurate estimates of population and costs result in inflated fee assessments and hi spending that needs to be j adjusted. He said the study suggests that the County m not be able to continue to charge I Impact Fees in certain areas; and elaborated on wh a Board should consider a workshop to discuss pending policy issues, and to authoriz change in the alternative method fee schedule. NO BOARD ACTIO EQUIRED OR TAKEN i 10.C. PUBLIC TICEITEMS 10.C1. NO U CE OF SCHEDULED PUBLIC HEARINGS FOR DECEMBER 10 2013: 10.CI.A1C0NS1DF.RAT10N0FAmENDmENT TO LAND DEVELOPMENT REGULATIONS(LDRS)SECTION 915.20(8) TO ALL0;YDRI VE-THROUGH AND DRIVE-UP FACILITIES INMIXED USE PDS(PLANNED ! DEVELOPMENTS). APPLICANT: ATTORNF_YBRUCEBARKETT (LEGISLATIVE) BK 144 PG 648 December 3, 2013 13 Attachment 4 2310 Comprehensive Plan Potable Water Sub-Element I • Level Two - whether the project increases efficiency of use of existing fac* ties, prevents or reduces future improvement costs,provides service to develo d areas lacking full service or promotes in-fill development. Level Three - whether the project represents a logical extension facilities and ! services within a designated service area POLICY 5.3: In order to guarantee provision of more than the um level of service,the county shall take the following steps: begin planning and preliminary design for expansi when a plant's Average Daily iDemand is projected to equal or exceed its capa ' within 5 years; prepare plans,and specifications for expansi when a plant's Average Daily Demand is projected to equal or exceed its capac' within 4 years; • submit a complete construction p t application to the Florida Department of Environmental Protection for e ansion when a plant's Average Daily Demand-is projected to equal or exceed ' capacity within 3 years; and • submit an application fo operation permit for the expanded facility to DEP when a plant's Average Dai Demand is projected to equal or exceed its capacity within 6 months. POLICY 5.4: The c ty potable water system shall continue to operate,as an enterprise system which is fi cially self-supporting: POLICY 5.5• The county shall fund potable water capital improvements and expansions through u r fees, impact fees,developer's agreements, assessments and other appropriate fees an ding mechanisms. P ICY 5.6: The county shall pursue state and federal sources of funding available for the provement and expansion of utility services. POLICY 5.7:-Consistent with the policies of the Future Land Use Element of this plan, centralized water service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of Community Development Department Indian River County 46 Attachment 5 221 I Comprehensive Plan Potable Water Sub Element f the date of adoption of this plan; ! Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or located no more than 500 feet from an existing centralized potable water main distribution line that is part of a looped system.These areas are subject to the following provisions: O The maximum density of such land shall be as shown on the Official Future Land Use Map,and the provision of centralized potable water service shall not + be justification for an increase in maximum density; and ` O Any and all costs associated with connecting a property to the potable water system,including costs associated with survey,design,permitting,construction, restoration, inspections, and certifications, shall be bome by the owner of the property. Development projects located outside of the Urban Service Area that meet.the criteria of the policies of the Future Land Use Element for: O clustering of residential development within agricultural areas; O clustering of residential development within privately owned upland conservation areas; O clustering development within mixed use districts; or O traditional neighborhood design communities. O public facilities such as public schools. O agricultural businesses and industries(including biofuel plants) • Areas where, consistent with Potable Water Sub-Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. OBJECTIVE 6 Privately Owned Public Water Plants i Through the time horizon of the plan,there shall be no instances of Privately O u lic Water Plant failures or breakdowns. (POLICY 6.1: The county shall limit the u rivately Owned Public Water Plants to.areas that meet the following criteri' rrnng connection to the county potable water system: • De went served by existing Privately Owned Public Water Plants may continue Community Development Department Indian River County 47 Attachment 5 222 I Comprehensive Plan Sanitary Sewer Sub-Element rPOLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan, provision-of'centralized sanitary sewer service shall be limited to the following areas; o Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; e Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or located no more than 500 feet from an existing sanitary sewer line that is part of the county sanitary sewer system. These areas are subject to the following provisions: 1 o The maximum density of.such land shall be as shown on the Future Land Use Map, and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; and o Any and all costs associated with connecting a property to the sanitary sewer system, including costs associated with survey, design, permitting, construction, pumps and lift stations, restoration, inspections, and certification, shall be borne by the owner of the property. i e Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural; o clustering of residential development within privately owned upland conservation areas; o clustered development within mixed use districts; o traditional neighborhood design communities; o public facilities such as public schools; and o agricultural businesses and industries(including biofuel facilities) e Areas where, consistent with Sanitary Sewer Sub-Element Policy 2.4, the lack of centralized sanitary sewer service is determined to be a public health threat. I I ObleY ff e • ' Community Development Department Indian River County 41 Attachment 5 223 �a.A . �. Consideration of Options Change Water Connection Policy or Expand Urban Service Area Board of County Commissioners October 13, 2015 • In August BCC considered issue of connecting Epic Missions retreat facility to County water for drinking and fire protection • Directed staff to explore options —Change water connection policy —Expand Urban Service Area (USA) • USA and connection policies linked ��3-A_1 10/15/2015 *11<71i 0 ij_ iw •: s.:?...'' 4»..... Ni� �—i S TsMff to, ^I: -,z =A A' - M MIM Legend MW C, 2 e,=5 1 IN IRC C,—.Vyo.ttCF . S. Urban Service Area • Land Use purposes —Direct development, manage compatibility —Direct infrastructure that supports development —Protect agriculture and very low density rural areas 2 i i 10/15/2015 Urban Service Area (continued) • Utility planning and services purposes —Defines geographical service area —Identifies potential service demand (quantity, location and extent) —Allows for efficient system configuration (build, operate, maintain/replace) Historical Context • 1990: Urban Service Area established with policy to evaluate expansion along utility corridors • 1993: Expansion along corridors considered and rejected • 1990 — present: Few expansions; approved certain connection exceptions • Connection exceptions: Contiguous or Preferred Clustering orAg-related Business/Industry; 500' of Main Loop Line Pa3-A-3 10/15/2015 i Staff Recommendation That the Board of County Commissioners vote to not initiate USA expansion or water connection policy change. i i 5 i Department Matters INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM a OFFICE OF MANAGEMENT AND BUDGET I i I TO: Members of the Board of County Commissioners DATEJ" October 7, 2015 SUBJECT: Golf Cart Interfund Lo ly Payoff FROMI Jason E. Brown 1� Director, Management Bud t I Background On October 19, 2010, the Board of Count Commissioners authorized the e purchase of 155 new golf carts for a total net purchase price of$333,050. The Board also authorized an interfund loan from the General Fund for this purchase over a six-year period at an interest rate of 3.0%. This financing option provided a savings to the golf course compared to financing proposed by Yamaha (4.792%), while at the same time providing a higher interest rate than what the General Fund was earning on other investments at the time (<1.0%). Staff recommended a six-year financing period based upon three factors; 1.) the prior fleet of golf carts was maintained for a six-year period, 2.) at the time of purchase, the County was still in the depths of the "Great Recession", and 3.) the golf course was working towards paying off a longstanding interfund loan due to ongoing cash flow challenges. The current fleet of golf carts is now approximately five years old, and the golf course has begun to experience a relatively high level of maintenance issues. Therefore, Sandridge staff has requested to begin the process to replace the carts prior to completion of the six-year period, which would occur November 1, 2016. If the procurement process starts now, replacement carts could potentially be obtained for the peak season in the current fiscal year. If we do not move forward at this time, Sandridge staff has concerns about maintenance issues with the carts during the season. Prior to acquiring a new fleet of carts, staff recommends repayment of the remaining principal balance ion the interfund loan. As of November 1, 2015, the remaining balance would be $59,74770. It should be mentioned that a similar arrangement may be utilized to finance the new fleet of golf carts. Staff will make a final recommendation on financing once proposals for new carts and financing alternatives are received. i While the golf course has performed well over recent years, interfund borrowing has been needed for larger cash outlays (e.g. golf carts, Dunes Course irrigation system replacement). Although there were insufficient funds to pay the golf cart loan off last year, staff anticipates that cash flow for the current fiscal year will improve significantly (assuming similar revenue levels). This is due to the fact that fiscal year 2015/16 is the last year remaining on the interfund loan that was used to pay off the Series 2003 Revenue Refunding Bonds. Due to the original structure of 224 i Board of County Commissioners October 7, 2015 Page 2 of 2 this financing, the total debt service for this year ($389,500), is significantly lower than last year ($624,1,500). Total debt-service should drop substantially in fiscal year 2016/17 due to the payoff of this interfund loan. Staff anticipates that this should provide more flexibility for funding ongoing financial needs (e.g. Lakes Course irrigation system replacement, golf cart payments, renewal & replacement), as well as a potential rate reduction. Staff RI ecommendation Staff recommends approval to repay the remaining principal balance outstanding on November 1, 2015 ($59,747.70) on the interfund loan from the General Fund for golf carts. Staff also recommends that the Board authorize moving forward with the procurement process for replacing the existing golf cart fleet. Attachments AgendaCover Memo—Golf Cart Financing Options (BCC meeting October 19, 2010) Golf Cart Interfund Loan Amortization Schedule APPROVED AGENDA ITEM: BY: , Indian River County ved Date Jose . Baird Administrator County Administrator Legal l Budget t!0 7 FOR: October 13, 2015 Department Risk Management I I 225 I D 1J Consent Agenda Indian River County Inter-Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: October 6, 2010 SUBJECT: Golf Cart Financing Opt' n I FROM: Jason E. Brown Director, Management& B dget Back Iaround On September 21, 2010, the Board of Commissioners approved the bid award to Yamaha for the purchase of 154 golf carts. The motion authorized the purchase, however recommended that seventeen (17) carts be held back for sale at auction. Staff has negotiated an agreement with Yamaha regarding the trade in of the golf carts. This agreement will allow the County to hold back some of the 154 carts initially. Yamaha will assist the County-in selling the remaining units at a similar price to the current trade-in amount within a 90 day period. These units can then be offered at the next County auction with a reserve. If the reserve is not met on some or all of the units, then they may be held back by the County and returned to Yamaha for sale (estimated at $1,500 less shipping costs of about $200 each). At this time, staff is recommending that the County trade in 144 golf carts up front and take ten (10) units to auction in order to test the water for this method. This will help ensure that we don't "flood the market" with units and depress the price received. Staff will contact non-profit agencies that have expressed interest in securing carts in the past to make them aware of the auction opportunity. Holding back 10 units results in a final net purchase price of $333,050. The new amount is $15;000 higher than the original recommendation of $318,050 due to a reduced credit for the trade-in ($1,500 per unit X 10 units = $15,000). When the golf carts are auctioned, the revenue will be returned to the golf course, thus reducing the net price by the auction proceeds. Board action on September 21, 2010 also directed staff to bring back financing terms at a later date, as included in the staff recommendation. Historically, the golf course has purchased the golf carts through a forty-eight (48) month, government lease purchase program with a $1.00 buyout at the end of the lease and kept the golf carts for an additional two years. Yamaha has presented a similar lease with a 48 month term at an interest rate of 4.792%. This would result in a monthly payment of$7,262.62. Staff now proposes to purchase the golf carts from Yamaha, and fund the purchase through an interfund loan from the General Fund. This loan would carry an interest rate of 3.0% for a period of six (6) years, during which the golf course would make monthly principal and interest payments to repay the General Fund. The monthly payment would be $5,060.25, or'$2,202.37 less than the 48-month lease from Yamaha. For an apples to apples comparison, the 3.0% interest rate would mean a savings of $222.80 per month, or $10,694.40 over the 48-month lease proposed by Yamaha. j - 23 226 i Board of Commissioners Page 2 of 2 October 6, 2010 I Table 1 —Net Purchase Price Calculation Total Purchase Price (154 Carts $3,575 each) $550,550 Trade-in Value (144 Carts & Range Cart @ $1,500 each) ($217,500) Net Purchase Price (to Yamaha) $333,050 Auction Proceeds/Trade-in (min. estimate) ($13,000) Final Net Acquisition Cost $320,050 Please find attached the spreadsheet showing the scheduled payments for an interfund loan from the General Fund to the golf course for the purchase of the golf carts. It shows the effects of the General Fund loaning the money to the golf course for purchase of the carts at an interest rate of 3.0%. This is less than the interest rate proposed by Yamaha (4.792%). However, it is a higher interest rate than we ate getting on-our current investments in Treasuries and Federal Agency bonds. An interfund loan from the General Fund to the golf course also gives the county the flexibility to spread the loan out over six years rather than four years. This loan does not result'-in a subsidy from the General Fund to the golf course. In fact, this arrangement benefits both funds. The financial independence of the golf course is maintained, while the General Fund receives a higher interest rate on the investment of surplus cash. Staff Recommendation Staff recommends that the Board of Commissioners authorize the purchase of 154 golf carts and one (1) range cart from-Yamaha for a total net purchase price of $333,050 representing a purchase;pdce of$550,550 less trade-in value of $217,500 for 144 golf carts and one (1) range cart. Staff further recommends the Board authorize the Chairman to execute the attached purchase agreement. Staff also recommends that the County hold back ten (10) units for sale at County auction with a reserve approximately equal to the net trade-in value for these units per agreement with Yamaha. Staff also recommends financing the purchase through an interfund loan from the General Fund at an annual interest rate of 3.0% for a period of six (6) years with regular principal and interest payments due monthly. Attachments FOR: October 19, 2010 1. ;Golf Cart Purchase Agreement between tYamaha and Indian River County 2. iGolf Cart Interfund Loan Amortizafion Indian River County Approved Date. Schedule—144 Carts 6-year period Administrator 3. Golf Cart Interfund Loan Amortization Schedule— 154 Carts 4-year period County Attorney 4. iYamaha Proposed 48-month Lease FPayment Schedule Budget (b !0 Department APPROVED AGENDA ITEM: Risk Management BY: A- A JosepR A. Baird County Administrator 2-42 27 i Golf Cart Interfund Loan Trade In 144 Golf Carts to Yamaha (keep 10 carts)-6-Year Loan t Amount Financed: $333,050.00 Interest Rate: 3.00% Term(months): 72 Monthly Payment: $5,060.25 Monthly Diff.from Yamaha: $2,202.37 Payment Due Principal Payment Date Principal Interest Total Payment Outstanding $333,050.00 1 12/1/2010 $4,227.63 $832.63 $5,060.25 $328,822.37 12 1/1/2011 $4,238.20 $822.06 $5,060.25 $324,584.17 3 2/1/2011 $4,248.79 $811.46 $5,060.25 $320,335.38 �4 3/1/2011 $4,259.42 $800.84 $5,060.25 $316,075.96 5 4/1/2011 $4,270.06 $790.19 $5,060.25 $311,805.90 6 5/1/2011 $4,280.74 $779.51 $5,060.25 $307,525.16 7 6/1/2011 $4,291.44 $768.81 $5,060.25 $303,233.72 8 7/1/2011 $4,302.17 $758.08 $5,060.25 $298,931.55 9 8/1/2011 $4,312.92 $747.33 $5,060.25 $294,618.63 10 9/1/2011 $4,323.71 $736.55 $5,060.25 $290,294.92 11 10/1/2011 $4,334.52 $725.74 $5,060.25 $285,960.40 12 11/1/2011 $4,345.35 $714.90 $5,060.25 $281,615.05 13 12/1/2011 $4,356.22 $704.04 $5,060.25 $277,258.83 14 1/1/2012 $4,367.11 $693.15 $5,060.25 $272,891.73 ,15 2/1/2012 $4,378.02 $682.23 $5,060.25 $268,513.70 16 3/1/2012 $4,388.97 $671.28 $5,060.25 $264,124.73 17 4/1/2012 $4,399.94 $660.31 $5,060.25 $259,724.79 18 5/1/2012 $4,410.94 $649.31 $5,060.25 $255,313.85 19 6/1/2012 $4,421.97 $638.28 $5,060.25 $250,891.88 20 7/1/2012 $4,433.02 $627.23 $5,060.25 $246,458.86 21 8/1/2012 $4,444.11 $616.15 $5,060.25 $242,014.75 22 9/1/2012 $4,455.22 $605.04 $5,060.25 $237,559.53 23 10/1/2012 $4,466.35 $593.90 $5,060.25 $233,093.18 24 11/1/2012 $4,477.52 $582.73 $5,060.25 $228,615.66 25 12/1/2012 $4,488.71 $571.54 $5,060.25 $224,126.94 26 1/1/2013 $4,499.94 $560.32 $5,060.25 $219,627.01 27 2/1/2013 $4,511.19 $549.07 $5,060.25 $215,115.82 28 3/1/2013 $4,522.46 $537.79 $5,060.25 $210,593.36 29 4/1/2013 $4,533.77 $526.48 $5,060.25 $206,059.59 30 5/1/2013 $4,545.10 $515.15 $5,060.25 $201,514.48 31 6/1/2013 $4,556.47 $503.79 $5,060.25 $196,958.01 32 7/1/2013 $4,567.86 $492.40 $5,060.25 $192,390.16 33 8/1/2013 $4,579.28 $480.98 $5,060.25 $187,81088 34 9/1/2013 $4,590.73 $469.53 $5,060.25 $183,220.15 35 10/1/2013 $4,602.20 $458.05 $5,060.25 $178,617.95 36 11/1/2013 $4,613.71 $446.54 $5,060.25 $174,004.24 Draft F:\BudgeWason\G0LF\Go1f Cart Interfund Loan Amortizationxlsx10/6/2010 29228 i Golf Cart Interfund Loan Trai a In 144 Golf Carts to Yamaha (keep 10 carts)-6-Year Loan Am;unt Financed: $333,050.00 Interest Rate: 3.00% Term (months): 72 Monthly Payment: $5,060.25 Monthly Diff.from Yamaha: $2,202.37 Payment Due Principal Payment Date Principal Interest Total Payment Outstanding 137 12/1/2013 $4,625.24 $435.01 $5,060.25 $169,379.00 138 1/1/2014 $4,636.81 $423.45 $5,060.25 $164,742.19 ,39 2/1/2014 $4,648.40 $411.86 $5,060.25 $160,093.79 40 3/1/2014 $4,660.02 $400.23 $5,060.25 $155,433.77 41 4/1/2014 $4,671.67 $388.58 $5,060.25 $150,762.10 42 5/1/2014 $4,683.35 $376.91 $5,060.25 $146,078.75 43 6/1/2014 $4,695.06 $365.20- $5,060.25 $141,383.70 44 7/1/2014 $4,706.79 $353.46 $5,060.25 $136,676.90 45 8/1/2014 $4,718.56 $341.69 $5,060.25 $131,958.34 46 9/1/2014 $4,730.36 $329.90 $5,060.25 $127,227.98 47 10/1/2014 $4,742.18 $318.07 $5,060.25 $122,485.80 48 11/1/2014 $4,754.04 $306.21 $5,060.25 $117,731.76 49 12/1/2014 $4,765.92 $294.33 $5,060.25 $112,965.84 50 1/1/2015 $4,777.84 $282.41 $5,060.25 $108,188.00 51 2/1/2015 $4,789.78 $270.47 $5,060.25 $103,398.21 52 3/1/2015 $4,801.76 $258.50 $5,060.25 $98,596.45 53 4/1/2015 $4,813.76 $246.49 $5,060.25 $93,782.69 54 5/1/2015 $4,825.80 $234.46 $5,060.25 $88,956.89 55 6/1/2015 $4,837.86 $222.39 $5,060.25 $84,119.03 56 7/1/2015 $4,849.96 $210.30 $5,060.25 $79,269.08 57 8/1/2015 $4,862.08 $198.17 $5,060.25 $74,407.00 58 9/1/2015 $4,874.24 $186.02 $5,060.25 $69,532.76 59 10/1/2015 $4,886.42 $173.83 $5,060.25 $64,646.34 60 11/1/2015 $4,898.64 $161.62 $5,060.25 $59,747.70 61 12/1/2015 $4,910.88 $149.37 $5,060.25 $54,836.82 62 1/1/2016 $4,923.16 $137.09 $5,060.25 $49,913.65 63 2/1/2016 $4,935.47 $124.78 $5,060.25 $44,978.18 64 3/1/2016 $4,947.81 $112.45 $5,060.25 $40,030.38 65 4/1/2016 $4,960.18 $100.08 $5,060.25 $35,070.20 66 5/1/2016 $4,972.58 $87.68 $5,060.25 $30,097.62 67 6/1/2016 $4,985.01 $75.24 $5,060.25 $25,112.61 68 7/1/2016 $4,997.47 $62.78 $5,060.25 $20,115.14 69 8/1/2016 $5,009.97 $50.29 $5,060.25 $15,105.17 70 9/1/2016 $5,022.49 $37.76 $5,060.25 $10,082.68 71 10/1/2016 $5,035.05 $25.21 $5,060.25 $5,047.63 72 11/1/2016 $5,047.63 $12.62 $5,060.25 ($0.00) F:\Bud ietVason\GOLF\Goff Cart Interfund Loan Amortization.xlsxDraf t 10/6/2010 30229 I larl- INDIAN RIVER COUNTY vE PUBLIC WORKS DEPARTMENT R�oG STORMWATER DIVISION 4~ 1801271h STREET Z K VERO BEACH, FLORIDA 32960 Phone (772) 226-1562 OR P+ I -Departmental1Works 1 TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM,: W. Keith McCully, P.E., Stormwater EngineerPO SUBJECT: UPDATE ON ORCA KILROY UNITS DATE` October 2, 2015 BACKGROUND i On December 18, 2012, Indian River County entered into a Purchase Order agreement for a canal monitoring project with Ocean Research & Conservation Association (ORCA), wherein ORCA agreed to provide to the County, site specific data on nitrite/nitrate nitrogen, velocity, flow depth, flow direction, water temperature, turbidity, and wave conditions from Indian River Farms Water Control District's North, South, and Main Relief Canals for a three-year period. ORCA was to use three Kilroy monitoring systems (the "Kilroys") to obtain this data - one Kilroy system installed by ORCA in each Relief Canal. In return, the County agreed to pay and did pay ORCA $73,050 for the total cost of the project for Year 11, and agreed to pay $18,000 per year for all three monitoring systems for Years 2 and 3. ORCA was to provide the County with the first twelvemonths of data on or before June 1, 2014. Although the County has extended the deadline several times, ORCA has been unable to deliver the data. The most recent!schedule set by the County required ORCA to install monitoring units in each Relief Canal and to show that all three units were functioning properly as demonstrated Paid to ORCA in September 2013 1 F\Public!orks\KeithM\Stormwater Projects\ORCA Kilroy Units\Agenda Items\Agenda-KILROY Update-9-1-2015.doc 230 Page 2 Update on ORCA KILROY Units BCC Meeting —October 13, 2015 October 2, 2015 by accurate, consistent, and quality data, on or before January 9, 2015.2 This deadline was also not met. I The Kilroy units could not provide reliable or accurate data from any of the Relief Canals for any of the parameters that required measuring per the Purchase Order. In 2014, ORCAlfinally abandoned the concept of using the Kilroy units and eventually replaced the Kilroy in the North Relief Canal with a different type of monitoring system. Other than receiving some data from this single unit from December 9, 2014 through February 26, 2015, the County has not received any data from ORCA's new North Relief Canal monit ring device. (Much of the data received is suspect due to calibration issues.) The County has received no data relative to the Main and South Relief Canals. The data set provided for the North Relief Canal is so small it is impossible for staff to compare it to County data to develop a feel for its accuracy and reliability. Additionally, the only data the County received from the new monitoring system was nitrite/nitrate nitrogen measurements. No contractually required information on velocity, flow depth, flow direction, water temperature, and turbidity has been provided. (Wave height as required by the agreement is irrelevant in the canal system.) Staff has received no monitoring data of any kind from ORCA since February 26, 2015. ORCA has not yet responded to staff's North Relief Canal data requests made on May 13, 2015 and May 18, 2015. RECENT REQUEST BY ORCA FOR FUNDING INCREASE 'In March, 2015, County Attorney Dylan Reingold was instructed by the Board of County Commissioners to draft a contract with ORCA that would incorporate new monitoring equipment to replace the failed Kilroy units and extend the project timeline. In response, ORCA submitted a revised Scope of Services that includes additional costs for Years 2 and 3 of the study period. (See Attachment A.) I The current proposal requests $53,359.21 for Year 2 and $53,359.21 for Year 3. These costs include monthly maintenance by ORCA and the cost of reagents required by the new monitoring equipment. As discussed, the original proposal approved by the Board of County Commissioners included a payment of $73,050 for year one and $18,000 for Year 21 and $18,000 for Year 3. The County paid the $73,050 for year one, which included the equipment and one year of monitoring. The original agreement required the County to provide weekly maintenance of the three Kilroy units for Years 2 and 3. The new proposal states that ORCA will provide monthly maintenance. The new proposal is $70,718.42 greater than the originally approved proposal. The new proposal does not include measurement of velocity, flow depth, flow direction, water temperature, turbidity, and wave conditions that were included in the originally approved proposal. 'July 14,2014 letter from IRC Public Works Director Chris Mora, P.E.to Warren Falls, Managing Director, ORCA. 231 Page 3 Update on ORCA KILROY Units BCC Meeting —October 13, 2015 October 2, 2015 i NITROGEN IN THE RELIEF CANAL SYSTEM AND THE ORCA DATA In the Inear future, Florida Department of Environmental Protection (FDEP).is expected to allocate to Indian River County and other municipalities in the County, total maximum daily loads (TMDLs) for total nitrogen and total phosphorus. Regarding total nitrogen, it is the sum of Total Kjeldahl Nitrogen (TKN) and nitrate+nitrite nitrogen (NOx-N). TKN is the sum of organically bound nitrogen (such as amino acids or complex organic molecules containing nitrogen) and ammonia nitrogen. i.e. TKN = total organic nitrogen + ammonia nitrogen. Ammonia and NOx-N are considered the forms available for direct biological uptake (i.e. plants can easily use them), while organic nitrogen must be acted upon by enzymes or certain environmental factors that strip amine groups from the organic complex, before it becomes biologically available. Quite often, this organic nitrogen can be quite recalcitrant, and is highly resistant to enzymatic hydrolysis. This recalcitrant organic nitrogen is often referenced as refractory dissolved organic nitrogen or RDON. The ORCA unit measures only nitrite/nitrate (NO,) nitrogen, which is only part of the dissolved nitrogen component in the canal system that is readily available for uptake by plants,!the other component as discussed above, being ammonia nitrogen. Stormwater Division staff has recently begun measuring NOx, ammonia nitrogen, TKN, and total nitrogen in the Lateral D Canal, which eventually flows into the Main Relief Canal. The contributing watershed to the Lateral D Canal is approximately 9,000 acres. Staff has observed that average ammonia nitrogen concentration in the Lateral D Canal water is about 1.35 times greater than the NO, nitrogen3. If the water in the Lateral D Canal is similar to the water in the three Relief Canals, then the ORCA system is missing most of the nitrogen in the canal water that contributes to the growth of plants such as algae (i.e. ammonia nitrogen). Further, since the ORCA readings do not provide TKN analysis, the ORCA data cannot be used to estimate the total nitrogen entering the Lagoon. 4 STAFF'S RESPONSE TO ORCA'S FUNDING INCREASE REQUEST ORCA� has not yet fulfilled its promise to provide the Year 1 deliverables (twelve consecutive months of accurate measurements) under the original agreement, for which the County paid $73,050 in September 2013. Additionally, it does not seem that the data that would be provided by the new ORCA units will benefit the County in its compliance efforts with TMDL allocations. Additionally, the proposed contract offers less d alta to than the original: flow velocity, flow depth, flow direction, water temperature, 3 Based on water quality analysis from June 10,2015 through August 19,2015. 4 Stormwater Division staff have been monitoring NOx,TKN,total nitrogen,and total phosphorus in the three Relief Canals on a weekly basis since May 22,2014. Ortho-phosphorus,organic and polyphosphate phosphorus, and total phosphorus are also measured in the Lateral D Canal. I 3 232 Page 4 Update on ORCA KILROY Units BCC Meeting —October 13, 2015 October 2, 2015 and turbidity measurements are not Included. Therefore, staff does not support a new contract at this time. ANALYSIS Alternative No. 1 — Reject the proposed ORCA contract. Alternative No. 2 —Accept the proposed ORCA contract. f FUNDING I If Alternative No. 1 is approved as recommended, there will be no additional funding associated with this agenda item. If Alternative No. 2 is approved and the ORCA contract is accepted, then funding will require a budget amendment from Transportation Fund/Reserve for Contingency to Transportation Fund/Stormwater/Other Contractual Services —Acct# 11128138-033490 1 RECOMMENDATION Staff recommends commends the Board of County Commissioners: 1. JApprove Alternative No. 1 - Reject the proposed ORCA contract. i ATTACHMENTS 1. !Proposed ORCA contract (one copy) APPROVED AGENDA ITEM IIndian River Coung A roved Date FOR: October 13, 2015 h9lJO J 17JIS Administrator 1 BY: hJ- &,d Budget �0[7/0 Legal a IPublic Works i 0/ s Stormwater Engineering i a' 233 ATTACHMENT A OCEAN RESEARCH & CONSERVATION ASSOCIATION. INC July 6, 1015 Mr. Dylan Reingold Indian River County CountyAttorney RE: Scope of services for Kilroy Monitoring of Nitrogen in Indian River Farms Water Control District Canals Proiect Description ORCAlwill install 3 NuLab nitrate/nitrite monitoring stations with Kilroy communications at the North, Main and South relief canals operated by the Indian River Farms Water Control District,that discharge into the!lndian River Lagoon. I Maintenance Monthly maintenance of the 3 systems will be provided by ORCA and include the cost of the reagents required for the NuLab nutrient monitoring system. Repairs to damaged equipment from ORCA and from other manufacturers will be billed for shipping and materials and repair rates as set by the manufacturer of the sensor. Cost of Services COST FOR YEAR 2 Cost to continue the project for year 2 will be $4,446.60 per month ($53,359.21 per year). This will include;all labor, maintenance, and reagent cost for all 3 systems and also comparative lab samples tested monthly by PACE labs. COST FOR YEAR 3 Cost to continue the project for year 3 will be $4,446.60 per month($53,359.21 per year). This will include all labor, maintenance, and reagent cost for all 3 systems and also comparative lab samples tested monthly by PACE labs. i i Duerr Laboratory for Marine Conservation• 1420 Seaway Drive.2nd Floor•Fort Pierce,FL 34949•phone 772-467-1600•fax 772-467-1602 234 www.teamorca.org i /3,1 Count},Attorney's Matters- B C.C. 10 13 15 Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,C6unty Attorney William K.DeBraal,Deputy County Attorney Kate Pmgolt Cotner,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney i DATE: October 6, 2015 SUBJECT: Sunset of Enterprise Zone I , BACKGROUND Per Section 290.016, Florida Statutes, the Florida Enterprise Zone Act is-set to be repealed on December 31, 2015. On August 18, 2015, the Indian River County Board of County Commissioners (the "Board") tasked the County Attorney's Office to research how to prepare for the expiration of the program. The first issue to address is the Indian River County Enterprise Development Agency which was established ,in Section 103.09, Indian River County Code of Ordinances. I would recommend that the Board authorize the County Attorney to proceed with an ordinance that incorporates a sunset clause into section 103:09, Indian River County Code of Ordinances, so that there is no confusion as to the existence of the Indian River County Enterprise Zone Development Agency. In such ordinance, the County Attorney would include references to any additional resolutions that have been adopted by the Board concerning the Indian River County Enterprise Zone Development Agency. Additionally, the County Attorney recommends that the ordinance include the elimination of the reference to the Enterprise Zone in Section 207.02 (Definitions) of the Indian River County Code of Ordinances. +t i f APPROVED FOR OCTOBER 13, 2015 B.CC MEETING—ATTORNEY'S MATTERS Indian River Co. Approved Date Admin. d Co.Att Budget Det. OUNTYATTORNEY Risk Mgr. --- 235 Board of County Commissioners October 6, 2015 Page Two The County Attorney also recommends that the Board consider whether to direct the Community Development Department to analyze whether the local programs that provide special benefits for businesses that locate within the geographical area of the Enterprise Zone should be maintained. For instance, businesses located within the Enterprise Zone area are incorporated into the local jobs grant program arid the Economic Development Ad Valorem Tax Exemption. In addition, the Enterprise Zone is referenced in Chapter 1100 of the Indian River County Code of Ordinances, the comprehensive plan and the Gifford Neighborhood Plan. This issue has been raised in the past, see attached memorandum, dated December 31, 2012, from Alan Polackwich to the Board.regarding new incentives in the Enterprise Zone and the attached memorandum, dated January 28, 2013, from Jason Brown to the Board regarding the financial analysis of potential Enterprise Zone incentives. FUNDING The costs t advertise for the public hearing will be funded from the County Attorney's Office budget within the General Fund. The incentive programs within the Enterprise Zone are funded by various sources including General Fund reserves and Utilities Department. RECOMMENDATION The County Attorney recommends that the Board authorize the County Attorney to advertise for public hearing an ordinance sunsetting the Indian River County Enterprise Development Agency established per Section 103.09 and eliminating the Enterprise Zone from Section 207.02 of the Indian River County Code of Ordinances and to direct the Community Development Department to report back to the Board concerning the maintenance of incentive programs designed to provide benefits to businesses within what is the geographic area of the current Enterprise Zone. ATTACHMENTS I Enterprise Zone Boundary Map Memorandum, dated December 31, 2012, from Alan Polackwich to the Board regarding new incentives in the Enterprise Zone Memorandum, dated January 28, 2013, from Jason Brown to the Board regarding the financial analysis of potential Enterprise Zone incentives. 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Polackwich, Sr., County Attomw�e I VATE: December 31, 2012 1 SUBJECT: Possible New Incentives in the Enterprise Zone BACKGROUND In 1982, the Florida Legislature enacted the Florida Enterprise Zone Act ("Act"). The purpose of the Act was to create incentives at the state level, and to encourage local governments to create incentives at the local level, for the purpose of inducing private investment in productive business enterprises located in severely distressed areas. In 200 1 5, the County and the City of Vero Beach jointly established an Enterprise Zone consisting of the Vero Beach Airport, areas surrounding the airport, and areas of Gifford located to the north of the air- port. Part of the Enterprise Zone is located within the unincorporated area of the County, and part is lo- cated within the municipal boundaries of the City. A diagram of the Enterprise Zone area is attached as Exhibit A. On September 4, 2012'' the City of Vero Beach adopted Ordinance 2012-16 which created a 50% ex- emption from the 10% utility tax levied by the city on electricity charges, for a"qualifying yring business" lo- cated in the Enterprise Zone. A "qualifying business"was generally defined as one which first occupies a new facility to which electrical service- had not previously been provided, or first occupies a renovated or rehlbilitated facility to which electrical service had not been provided during the prior three billing cycles The exemption applies only within the portion of the Enterprise Zone located with the City of Vero Beach. Indian River Co. Approved Date APPROVED FOR JANUARY 8, 2013 Admin AC.C MEETWG—A YTORNEYS AM 7TERs Co.Am. j 3, Budget Dept. C0UNTYA77aaW_kFRisk Mgr. 1 0G,18 __............ -- �.-..- - ----- Board of County Commissioners December 31, 2012 Page YWo Prior to final adoption of Ordinance 2012-16 by the City Council, the Board of County Commissioners discussed possible new incentives which the County could adopt in the Enterprise Zone. One possible incentive mentioned was a waiver of some or all franchise fees charged by the County on utility services to businesses locating or expanding in the zone. At the conclusion of the discussion, the County Attor- ney was tasked with exploring all possible incentives, and bringing a "menu" of possible incentives to the Board for initial consideration—which is the purpose of this agenda item. The County Attorney's expectation is that the B I l� Board will consider the possible incentives discussed in this memo, and will identify those which the Board is willing to consider for adoption. At that point, County staff will fully analyze the identified incentives and, unless problems are discovered, will move forward with the final consideration and adoption process. DISCUSSION AND ANALYSIS, Ther'ocess identifying of p ifying possible new incentives for the Enterprise Zone begins with an understanding of the incentives which already exist. Existing incentives fall into several categories: (1) County creat- ed economic development incentives which generally apply throughout the entire unincorporated Coun- ty, including the Enterprise Zone, (2) State of Florida created incentives which are specific to Enterprise Zones,1 and (3) County created incentives which are specific to the Enterprise Zone. County created incentives which apply throughout the entire unincorporated County, including the En- terprise Zone, are summarized in the Economic Development Initiatives section and Policy 2.2 of the Economic Development Element of the County's 2030 Comprehensive Plan (collectively attached as Exhibit B),and include: • Qualified target industry tax refund program • Local jobs grant program • Impact fee financing program • Waiver of County utility deposits • Expedited permitting • Industrial revenue bonds • Ad valorem tax exemption approved by referendum in November 2010 • Assistance with federal or state grant applications • 'Special incentives granted by the BCC on a case by case basis (e.g., infrastructure im- provements, etc) • Training/Recruitment programs offered by Workforce Solutions i F.krmmVVAI +GGFR1Ud Clos Jp gva 2dn 101239 Board of County Commissioners December 31, 2012 Page Three State lof Florida created incentives specific to Enterprise Zones are set forth in FS 290.007 (attached as Exhibit C),and include: • Jobs credit • Property tax credit • Community contribution tax credit • Sales tax exemption for building materials used in property rehabilitation projects • Sales tax exemption for business equipment • Sales tax exemption for electrical energy • . Jobs credit against sales tax • i Possible PSC 50% discount on tariffed rates for public utilities and telecommunications services And, existing County created incentives specific to the Enterprise Zone include: • ! 10%"bonus"under local jobs grant program • { Reduced qualification criteria for the ad valorem tax exemption approved by referendum in November 2010 • Assistance with applications for state created incentives Against this background of existing incentives, the County Attorney researched Enterprise Zone incen- tives in other counties and municipalities, reviewed State of Florida reports summarizing local incentive activity throughout the state,and worked with the Planning Department and with Helene Caseltine of the Chamber of Commerce to develop a list of possible new County incentives for the Enterprise zone. The effort was influenced by the fact that Florida law grants broad authority to counties to create economic incentives generally (FS 125.045) and in Enterprise Zones (FS 290.0135) (copies of the statutes are at- tached as Exhibit D). Eight possible new incentives were identified, all of which would apply only to new or expanding businesses. I On November 8, 2012, the eight incentives were presented to the IRC Enterprise Zone Development Agency ("Agency") for comment. A copy of the draft minutes of the Agency meeting, which reflect Agency member comments on each proposed incentive, are attached as Exhibit E. The eight possible new incentives are: I 1. Subsidize (in whole or in part)County Impact Fees. Under the current IRC Code, any business building new facilities, and some businesses expanding existing facilities, in the Enterprise Zone would be required to pay impact fees (note that corrections, public buildings and solid waste impact fees have been suspended countywide until March 31, 2014). Because of the "proportionate share"nature of im- pact fees,these fees cannot simply be waived; rather,non-payment of the fees by the new or expanding F'liaawr!'VJade1(i6lJE7GUB CGN�sedeA/rmmVFnmpr{w Zwie hvwew 2db. 10040 i Board of County Commissioners December 31, 2012 Page Four business must be replaced with payment of the fees by the County from another source. The proposed new incentive would be for the County to pay some or all of the impact fees for new or expanding busi- nesses in the Enterprise Zone. Funding for this payment would likely come from general revenues, gas tax revenues (for transportation impact fees) or the one cent sales tax revenues. The consensus of the Agency was to not recommend approval of this proposed incentive. 2. Financing of Impact Fees on More Favorable Terms. As noted above, the County already has a financing program for impact fees. With respect to water/sewer impact fees, the term is generally five years,1 with a hardship exception to ten years, and the interest rate is 5.75%per annum. The County does not typically finance other types of impact fees, although this has been done on a case by case basis for certain large employers. The proposed new incentive would be to either increase the term or lower the interest rate, or both. The challenge would be to secure payment with a lien which would survive fore- closure of a pre-existing mortgage. The Agency did not appear to reach a consensus on a recommenda- tion for approval or non-approval of this proposed incentive. It should be noted that,unrelated to Coun- ty incentives, impact fees can typically be financed with the construction lender, as part of the overall construction cost of a project. 3. I 'Waive or Subsidize in whole or in art Development Fees. Any business seeking to locate or expand in the Enterprise Zone will likely incur development fees (such as a site plan application fee which typically ranges from $1,000 to $1,400, and a concurrency application fee of$120)and a building permit fee ($4.15 per $1,000 of construction cost). The proposal is to waive development fees which would not require payment from another source because the planning department is funded through gen- eral revenues; and to subsidize the buildingpermit fee which would require payment by the County from another source because the building department is organized as an enterprise fund, funded through collected fees. The consensus of the Agency was to recommend approval of this proposed incentive. 4. I Subsidize in whole or in artWater and Sewer Connection Charges. Typical water and sewer connection charges are currently$155 (meter install fee of$130 and service fee of$25). The proposed incentive is for the County to pay these charges on behalf of the new or expanding business in the En- terprise Zone. Because the Utilities Department is also organized as an enterprise fund, payment by the County from another source would be required. The consensus of the Agency was to recommend ap- proval of this proposed incentive. 5. j Infrastructure Improvement Prog_. Infrastructure improvements (roads, turn lanes, utility lines, etc) may be required for a business to locate or expand in the Enterprise Zone. While the County already, has general authority to provide such improvements to encourage economic development throughout the unincorporated County (as noted above), a specific program outlining the circumstances under which the County will consider providing such improvements in the Enterprise Zone does not cur- rently exist. The proposed incentive is to create a specific program for the Enterprise Zone. The program FY40�o�VIw�1�J�ALIBCCI.tpmtrl/omAF.ea,rlw Zos Leoeafi�+2�e 103241 i Board of County Commissioners December 31, 2012 Page Five would not mandate that the County provide such improvements, but would identify factors considered by the County to be important in making its decision—and.generally would spotlight the County's spe- cial desire to facilitate development in the Enterprise Zone. The consensus of the Agency was to rec- ommend approval of this proposed incentive. 6. i Modify the Jobs Grant Program to Increase the Bonus for Jobs Created in the Enterprise Zone. As noted above, the County already has a Jobs Grant Program, and already grants a 10% "bonus" for jobs created in the Enterprise Zone. The proposed incentive is to increase the bonus to a higher figure, something between 20% and 50%. The consensus of the Agency was to recommend approval of this prop Ised incentive. 7. I Waive or Subsidize the Local Business Tax Receipt for a Limited Period of Time. All business- es pay a local business tax (formerly occupational license tax) in the amount of$40 per year. The pro- posed incentive is to waive or subsidize the local business tax for new businesses in the Enterprise Zone for a limited period of time—perhaps three to five years. The consensus of the Agency was to recom- mend;approval of this proposed incentive. 8. I Waive in whole or in art the Franchise Fee or Fee-in-Lieu-of-Franchise Fee fir z Limited Pe- riod of Time. Whether utilities are provided in the unincorporated portion of the Enterprise Zone by the County,the City of Vero Beach or Florida Power&Light,the County collects either a franchise fee or a fee-in-lieu-of-franchise-fee of 6%. The proposed incentive is to waive this fee, in whole or in part, for a limited period of time — again, perhaps three to five years. Because these fees are deposited into the general fund, the County would not be required to pay the funds from another source. Also, because franchise fees are excluded from the definition of"Net Revenues" in the County's outstanding bond documents, a waiver of the fees would not violate bond covenants. Implementation of this incentive would probably require amendment of the franchise agreements with the City of Vero Beach and Florida Power&Light. The consensus of the Agency was to recommend approval of this proposed incentive. After speaking with County administrative staff, there afe some concerns about (1) the financial cost of some of these incentives, and (2) the administrative burden in implementing some of these incentives. Theseiconcerns have not been fully vetted to date, on the notion that staff did not want to spend signifi- cant time analyzing incentives which the Board had not yet reviewed on a preliminary basis. Thus, as statedj�above, once the Board indicates which incentives it would like to pursue, staff will complete the analysis effort. Finally, it is obvious that some of the incentives involve small sums of money and, in the final decision of a new or expanding business, will carry little weight. However, after discussing the matter with He- lene Caseltine and the Agency, it was felt that the addition of even "small" incentives may be useful in the effort to promote the Enterprise Zone and develop interest among business owners who might not otherwise be familiar with the overall benefits available in these areas. F.MiumpfJn+efalGFNFR.ILIB CC1lyndo A/ooAdvtplw Iur lem.Gwrt ldx 1 10442 ... .... .. .. ... .. ....... Board of County Commissioners December 31, 2012 Page Six RECOMMENDATION. i The County Attorney recommends that the Board consider each of the above possible incentives, decide whic) it would like to pursue, and instruct staff to fully analyze each selected incentive for future con- sideration and possible adoption. AT"TACBWNTS. Exhibit A— Diagram of the Enterprise Zone Exhibit B— Economic Development Initiatives Section, and Policy 2.2 of the Economic Development Element of the IRC 2030 Comprehensive Plan Exhibit C— FS 290.007 (State Incentives Statute) Exhibit D— FS 124.045 and FS 290.0135 (Statutes Authorizing County Incentives) Exhibit E— Draft minutes of Enterprise Zone Development Agency Meeting, November 8,2012 ASP:L'AC Attachments, as noted i i i I i �uawauaa�.,e.npccua-d- WW m..amen..zec i J 105,43 EXHrBlT A Diagram of the Enterprise Zone 7-h--'J.: 244 r. V.:... ....... RM ... ...... .................... ......... ..... . ......................... , " ... ........ •.t.::......:.:.:::.:: egend ...::::::: ..... •.. . N r. iEgWone ............... ..................................... .................. ......... M RMJO S T ERRYMI, ......... ........... ........... I.:::.;.:.::.::::%::::::. ::: ...... . ... ... IRC Utility Service Area 53RD .... : - .. .......... ... .... . P COV Water Service Area . . ............ .... ........... ............... :V . ............ ........... ...... )ISTRICT Nit AME .......... ...................... . . .................... ... ......................... .......... ............. ...... ............. ..... City of Vero Beach ......... ............ ................ .......... .... ......... ..................UtTTP ........... ... ... .......... . ... ........... .................... ................... ....... ... .......... ...... ... ................... ............... ............ ............. ............... ............ ............. ............. .............. ........... .......... .................. i H i i H i H Z' . ..................................... ......... ................. ......... .. ............ .................... (MARTIN KJNG. (m Glr-FOR0.RD)::,.:" ............. ................. ........... .............. ....... .... ... .... ....... ...... b .......... .......... • ....................... .08.T ST:(.COUNTY ry- .......... .......... ROAD.030)... :41ST.ST. ....... (s�GIFFOR6 N, ......................... .. ................ ................. ...% ........... ............:37TH ST .......... ........... . .... ... ..... ...... ............ ................... City of Vero'Beach MERRILL 0 OROG..60 .......... ....... . .................. .......... . ...... . ......... ... .... 26TH ST PL A ROYAL PALM 80'5' OUNGS8 RD) 21 ST Sl .......... ................. 21ST ST 215797 ul EXHIBIT B E-c6noin-ic Deve'lop'nurtt Incentives Section, and Policy 2.2 of the Emiomie Development flement of theIRC 2030 Comprehensive PlAu i. 246 i Comorchensive Plan- Economic Development Element family'home,:depending upon size: Impact fees.are also ree. ired for various commercial and industrial uses. Library,School,-and Park and-Recreation impact fees do not apply to nonresidential uses. (Currently,five of the county's eight impact fees are suspended to encourage construction and ,.econom'ic,development: Witter and sewer impact fees are established in a separate ordinance. While water impact fees are $1,300 for each equivalent residential unit; sewer impact fees are $2,796 for each equivalent residential unit. Mposit§-are also based on equivalent residential units. Within the City of Vero Beach,electric impact fees apply. For residential properties,electric impact fees are-$550 per dwelling unit. For commercial/industrial properties, electric impact fees start at $550 per unit and increase depending on the estimated electricity demand of the proposed land use. Separate from impact fees,-the County also has a prorated 'interest fee that is used to finance the widening of.a portion of State Road 60. The interest fee is being charged to all developments that impact) SR 60 between 666 Avenue and I=95. 1 Economic Development Initiatives • Target Industries Ctid6 fitly, the: Board, of County Commissioners offers various Biiancial incentives,to target industi es:do e __..ge-fhose,industries-to locate`to Indian River County-or to-expand'busine$ses already iii-the county:. `-The-County's:target industries list includes manufacturing and other-basic industries. Gerieralfy,the_target indastries are liusinesse'.that 0awages near or above the county's anhual average wage.By targeting'industries tfiat,pay higher thaniavera-ge wages,the County'intends t9_impiojreA6.stitfiWd of living;aild employinenf opportunities of re$iilents of the county. - In'2006,there were 11,188 jobs.withih'the County's targeted'industries. Of those target industries, tfie:fasfmt growing.are.service:industries. While service industries havebeen growing,only minimal gains`Nave'•beem made in basic%ontFibutory-industries(industries that bring money into the local economy-by selling•their products outside:,of the county) such as Fabricated Metal Products Manufacturing,Wood Products Manufacturing,Non-metallic Mine'ral Product Manufacturing,and Plastic i and kubber•Products Manufacturing, Currently,the county,offers"financial incentives,to target industries as follows: • Qualified-Target-Industry Tax Refund Program The Qualified Target Industry Tax Refund Program, administered.through Enterprise Florida, provid{a tax•refund of up to$8;000 per new job if the business is located in the County's Enterprise Community Development Department Indian River County 26 247 k C-omorehenilve1lan Economic Develoament•Element I Zone;or up-t6*$5 pet'new-job�itthe 6111 mess`-it Id.cat4.- Sthiri the County, but-outside the Eriterpiige Zone. -To-be eligibie,.the business must prold,at least ten new.jobs in any of the state's targetindustries. Locally,,the county provides"a.. 0 imatcli•of the}total taxes refunded. This program is designed to cieate high 'value-added jobs..and encourage the growth of corporate headquarters and other targeted high value industries, • Local16bs Grant Nograin This program can apply to a company that creates at least five jobs in the county's target industries. The.arn.ount ofthe grant is based on the number of jobs created and the average salary ofthose jobs. Each giant.applicaiion is reviewed by the Board of County Commissioners. The County provides $3,000ifor each new position created that pays from 75%to 99.99%of the County's average annual wage;•$5,000 for each new position created that. pays from 100% to 149.99% of the County's average annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage. In addition, a.110% bonus it provided to businesses that locate within the City•of Vero Beach/Indian.River County Enterprise Zone. i • ImpactT6b-FinaUid. g,Erograin Ari impact fee'firiancing.program is another-incentive offered by Indian River County to encourage development.j.his.program allows;fi_nancih f.impact-fees„for'businesses:listed on the county's �tacget:industries'� ist.. Y • "tV1%airing,:County`Utility`Deposit"s . 1 Another incentive offered by Indian River County relates_;-to-county_utility deposits. With this iiicentivg;;the;coon will'” ''��'fee:coun"'utili ' conn ty . guaran ty� fi ty;('_. ty water-0&sewe ) depgsits'.of up,th 0 0 F. a„•. .H"A'-00;;for-•businesses:meet"ing,certain,requirempAO- Instead{gfthdlibusihess paying,the•deposit amounts up front;:the oiiuty,vitiiRpledge funds that can;be drawn upon lif necessary: ~ Special Incent ves,Gr`anted liy ttie'Boaid�Of County:Coinmissioners The BoI d of Count” Commissioners•has flexibili ao `fit"s e-6i41 incenti-ves•on a case by case ty _.. .. tY Pce . basi§,ibiised on job creation,wage levels and increased property taxes.Incentives could include °t}ie.purchase or lease of land;-infrastructure improvements,payment or financing of county impact.fees, or cash incentives. In•:addition to incentives offered by the Board of County Commissioners, there are incentive ro . s,.offered b Workforce Solutions that can be accessed b em to ers relocating to the county p gran? . y Y P Y g ty or existing employers within the county that are expanding. Those incentive programs are as •follows: Community Development Department Indian River County 27 248 Domprehensive Plan_ _ Ecouoinic Development Element o• Local.Training/GiaritAssistance, Workforce Solutions.will-provide,on-the-jbb training.to.employers to offset the costs associated with new hires. The-Grant•serves as.a.cost effective'way_ for local employers to hire quality applicants by reimbursing tip to 50%of the.employee's salary during their training period. o Employed Worker Training Grants Workforce Solutions will provide grants to reimburse employers for up to 50%of direct training costs to train current employees in new skills that.may lead to greater productivity. The employer chooses the training that meets company needs. Grants may be accessed through Workforce Solutions. o Recruitment/Assessment Services Avni o cost, Workforce Solutions will assist,businesses in finding qualified candidates who are trained�and equipped with the right skills to.fill their positions. Professional Recruiters efficiently•recruit,,screen and refer only qualified applicants to open positions. `+Ent_erprise Zone; Ifi 2' S.Indhin River County and the Cify of Vero Beachjointly established•an Enterprise Zone encompassing,properties in and around. .ity,of Vero 13each.Municipal Airport and properties within:the Gifford.Corrirriuriity(see.map),_An E4terprise•Zoiie-•is an aiea.designation approved by the .state to,'encourage new econom1c ,growth Arid investment in distressed areas. The state accompl IAds t}i'is in+part'by providing taX ii%cendves-to:residerits sitd businesses-fain ttit_erprise Zones:..Tt ose44kince»tives1hdlude ■ 'Job Taz Credit(Sales Tax and;Use Tax Credit.or,..Corporat6 Income Tax Credit) - __ Sales Tax Refdhd'.(Refiind of•Sales.Tax•Paid.ornCertain•Business•Egtiipmentimaterials) • Property Taic,,.Credit(Applied io-Corp'rate bicorne Tax) Electrical Energy SM - 'Tax Exemption.(Sales:Tax Exemption on,Elecfical Energy) ■ Comniunity.Contribution Tax Credit(Florida Corporate Income Tax, Insurance Premium Tax,or Sales Tax'Refund). Community Development Department Indian River County 28 249 Ft7;, ®��iS;011llli��!®®®®��11@a ti��5� l1+8- •°'�' _•'3 �lviii,i'ii'IIaoI�Ii,�lli�l���®�,►:��EB:aAtS_� ®� ■II1�:���'1 I��.�9li�® � 1�c ,:..5:� ,• i��\ L- b 0 ® ..11 ►11 ®�� _ ��.��11'll 1 _y'Illb _E�m l... !-A!CI� •i <<\t�°1���-.fir; ` � 11 •IIYL,r 1111 A � t�� . I t ` .. ''V � tis ��elllh�l��: q'�.,.i�:, �,+ �nll� ��®� p1,� ° ,:ao•s�o.�►!1� 1 -. ��������i�!11 �I;j ,•�'1�����11 1 art' '�� : Is �^L j >,l1'�\N � —,•Illj��l!I�i!����{iE' ;_���i'se `f �=251,0SNOW 1111101ill-ii e> � f'�.::� .71 T31�• ,`:' Mm "NONE 011111 1Q t_III IIIIK. :ilffF7�4�l�t l�u�li!Rr%�l 41 1 !r IL.1'trIIti • ! �� � o�` • IE � Ir.i�,+�'alil�'I�I��.1���'�I II�Y..i �1�:� �� t. i I_I Y ft� 1 z Q 1 ' Gt r'!r j�ile`1 t • 1',� 1��t.'i.!1-�,: :�C.",i{�II� �{%'�zl. °! '•/! � .'�;.< I .r_ ,.Q_.,�. !`„0. ��� .I �.ti�l s �/ • S. • • • • !,M• - • 0 • 11 • • 11 • 1 • - • • • • I Comp'rebeiisivc Plin Economic Development Element 33,248.00 in.Business Equipment Sales Tax Refunds were requested for a total investment of $bI5A74:00 in Business.Equipment: Research.Coast Iwthe late.1990's, a Memorandum of Understanding(MOU)was signed by the primary economic development organizations in Martin, St. Lucie, 'Okeechobee and Indian River Counties to coordinate economic development efforts as a region(Okeechobee County has since reorganized its economic development efforts and opted out of the MOU). That-Memorandum of Understanding set the foundation for Martin County., St. Lucie County, and Indian River County to form the"Florida Research Coast Economic Development Coalition" to better promote the economic development objectives of the three counties. Currently,the Business.Development Board of Martin County,the Indian River County Chamber of Commerce,the Economic Development Council of St. Lucie County and Workforce Solutions are sharingiresources to promote/advertise the three counties as a cohesive region.The research coast initiative is building upon recent efforts of all three counties and Workforce Solutions to recruit conipariies•involved with the.Life Science Industries. In fact, several life science companies have already located to St.Lucie County. One ofthose;life•science'companies.is'Torrey Pines Institute for Molecular Studies; a California -based tii*otech company, .Recently,;Torrey Pied rnoyed.into;a 100,000-sq uare.foot.life'kiences f,T research facility ori 20.acres,offllarid'in,the Town oradiiibn tin St,-L"uce,County. More recently, Oregon Heap}i and-Science-University's Vaccine and•Gene Therapy Institute(VGTI)moved into tempprary�facilities with_in•theX.OrreyaP nes Institute for.M6leculai Studies,while VGTI is building. ;its facility:Finally_ ; the Uaifini- fResdardh Center`is iocating ori.-a 22=acne site within.,the Town of Tradition. The.life,science eompahi'046cating-to St.,L•Ocie County were attracted there,through a coordinated effort-_on the part�ofthe business community along,with-state and'local governments. For instance, Toney'Piries received.a combined state and local incentive package of$89.5 million,plus 20 acres of donated land from Tradition developer Core Communities: That finimcial package requires Toney 'fies•to provide 189 jobs within ten years.. This equates to•A direct financial incentive of $4'68,253:97 -per_job. -Identiflotion_-of the County's Constraints and Potentials As with Jany area, Indian River County has economic development constraints and economic development potentials. Generally, a constraint is a defined characteristic of an area that in some way hinders economic development. Conversely, a potential is a characteristic that supports or Community Development Department Indian River County 30 I 251 .Comprelienstve.PI". Edon6ink-Development Element ,E)tORTME -Di'Vdtsi66j,-E onom-lb df6*ih Between-2010 and'2015,Indian River County will 6 the=mber of jobs in the county's new high wage tar'-fidu. ies:b stryl,000- target n Pol cY.1 2.1-The County shall focus:its-'industrianusindss/tdchn6logy/rekatch expansion efforts on attiacting-and,6xpanding clean,small-scale light manufacturing and assembly industries. Polidy12.2: The county shall encourage,the expansion of industries and attraction of new ihdOdfes that are Within the.taig6t industries list,(Policy 15) by offering the following county adopted economic m ddvqlb�pincentivesincentivesands assistance: > Local Jobs Grant Program; > Traffic, Water-, and Sewer Impact Fee Financing; > Utility Deposit Waivers; > gxpediied.permitting-, > Maintenance 6f'sufficient infrastructure capacity(roads; water, sewer); > Pr6vis'ion of Industrial Revenue Bonds; > -Provision-of job training > . through rough'IndianI River.State College; 'Provision of workforce training incentives bmthe Workforce e Deve-lopment. Board of the Treasuie-Po4st-ObAWorubfce',solutions), ➢ Assistance with fdd6ralor-Aate.g=t,#pj1i6i:tions(such:asCominurdt yDeveldpment Block ',Grants);- >- -and > Tax ReNds-ari&Tim Credi s.withihthdEnterpir4o Zone. .7 Poligy'!23 -The countq.panrng� pisiorlAtflIttackthe-huffibtrd obs,ihlargetind stesannually And proVid6-a rep- 6rt to the-EDC: Thereport shall include;but 6,thet6tal fumbef of jobs,byNAkt ;IAnnual t'ariet.-I-udVs ty c 9. yj1he-ive4ge wage5y:eAth NAICS-targefindusty category,. he percenfafidduinedcphang6.1rbrn-he prior ydAr,f6j'both-the total lobs and'their average annual Mages, OatA shAllbe-provided for inultibli Y _ u . _. development51icy-2.4. -Indian,River C00Y Chamber of.Commerce other economic gr6ups.aegignat6d by.the-B6W:of County C6mmissioners shall provide assistance.,-as needed,,to ,companies during the relocation process and.TeportAny actions taken to the Economic Development Council at.their regular meetings: - . I - Poliq..2,5:The coup in coordination with the Indian River County Chamber of Commerce,shal establish-a fist of target industries--and evaluate this list annually in.order to reflect the current economic ic needs of the county as well as the actual marketing results. The following is the list of the I -cbunty'.s.Wget industry clusters: community.Development Department Indian River County 45 252 EXHIBIT C { F 2 7 S 90.00 (State Incentives Statute) � r`:+,rwnUlmtu•t;r��'ih lr.'!!Cty�i•nndkn.,��Y,,,�..r.�,r liw•hK•wr�,:,d,+ 253 I SLaLUL'Zb 4X Constitution :View Statutes Online Sunshine. Page I of I Select Year: 2012 'Go The:2012 Florida-Statutes Title'XIX Chapter 290 View Entire Chapter .PUBLIC BUSINESS URBAN REDEVELOPMENT E, 1290'007 State-incentives-aVaillAbib-fh'entooidt6 zones.—The following incentives are provided by the.stalte to entourage the revitalization of enterprise zones: (1'j The enterprise-.zbne "obs Credit provided in s. 220.181. (2) The enterprise zone property tax Credit provided in s. 220.182. (3) The community contribution tax credits provided in ss. 212.68, 220.183, and 624.5105. (4) The sales tax:exemption for building materials used in the rehabilitation of real property in enterprise zones provided in s. 212,08(5)(8). (5) Thee sales tax exemption for business equipment used in an enterprise zone provided in s. 212.08 (5)(h). (6) Tfie sitds tax'e'xeinptj6n'for electrical.energy used In an enterprise zone provided in s. 212.08 (15). It sales M- TheoYhf&r . .ppsg-z�gne]p�4s,d(6dit-aeai*nst the sales tax provided in s. 212.06. (8). Hotyd.thstandihg any the�0 jaw;to-the-c6htraryublic-S&f;,vice Commission may allow public. , -. g?d6t-.disco_U'nm-'6f:up.'.tb.50.*percent on.tariffedtatesfor smallservices to dt6d'i6,an-*enf e--,p -dkig9ated pursu ant to s. 290;0065: Sucti ,diszdu6&-rnAy 06,grafited fof a kflod'-not to,ezceed-5 Years. Forpurposes of tfiis subsection- the term "public Utilit7 has the�a- s in s. 366,02(.1)'and'theierth-"teitecomMunications company" y me meaning,a has the same meaning as in-s; 364A2,(13-). Hfitqry.Vis.T,ch..82-119i,ss.49, 57, ch.84=356;.s.28,:ch..87-6;s;71,,ot 87243;s. 79,ch.88-130;-ss. 2,20,ch.91.262; j 56..28_37,ch'.9-4-136;s.6.6,ch..2.001-6.1;6.23,,ch...2001-101; s-23,04 2003;32;.,6.23,ch;200.5-1.32;.s; 11,ch.,.2005'-28.7;,s. 57,dh.201 1�-36;s. 34,ch.2011=64: 'Note.—Mpealed'qt6ceiTi6&-31,2015,5,by t-.-11,ch.2005'287. Cdpyhight,'Q'19954613,The RoHda Legistaturi%- PnVacV Statement Contact Us 254 http://www:l�g:stAto.fl.us/Stgt4tes/index..cfm?AppLiriQdq=Di8play.St4tptip&Search Stiing=.:. 1/2/2013 EXHIBIT D FS. 124.045 and FS 290.0135 ,(Statutes Autborizifig County 1'ncentives 255 i Statutes & Constitution :View Statutes : Online Sunshine Page l of 2 Select Year: 2012, Go The 2012 Florida Statutes Title..X1 Chapter 125 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY Chapter 1 RELATIONS GOVERNMENT 1.25..045 County economic developr66f-0 -wers.— 0) The'Legislature finds and'declares that this state faces increasing competition from other states -and other countries for the location and retention of private enterprises within its borders. Furthermore, the Legislature finds that there is a need to enhance and expand economic activity in the counties"of this-state by attracting and.retaining manufacturing development, business enterprise management,.and other activities conducive to economic promotion, in order to provide a stronger, more balanced, and stable economy in the state; to enhance and preserve purchasing power and employment opportunities for the residents of this state; and to improve the welfare and competitive position of the state. The-Legislature declares;that it is "necessary and in the public interest to facilitate ,the-growth and creation oft business•enterohses in the-touhties,Of the state; (2) The govern ng' y of'a;coun y.may.expend:public•.funds to,,attract,And retain business. este prises;andythe use of_pubtic<fangs:foward'tlie.achievemen Of such:_economic deyelopment.goals err.`eonsptutes aipubhc purpose Tfie;provisions of.this.chapter which confer•powers and duties on the governing body of a county; including':any powers:not specifically prohibited'by law which can be exercised;by,•the governing,body of a•county, m6st7be'1iberally;cgn.'struedl n;order"to effectiVely.carry Z. .out%the.purPgses,of th'is••sectioii :(3) For the.purposes_of this section;ifconstitute's a:pub.lie putpose,to.expend:public funds for .. Pt . economic devel'optnen't'.activihes;.nc-uding;but notµtiinited tb.,:deVeloping or improving•local ihfrait_r"ucture,(issuirig'bonds..to_finance o�refinance.;the cos[.of capital projects,for-indusirial.or - - inanufacfunrig,plants;.leasing;or conyeyingEreal;-properfy.,=.and=making:grants to.pnvafe.enterprises for thelexpalisionYoftbusinesses eicisting,in,the=;community.o"r.fhe attraction of new businesses'to the community: (4) A contract between the'governingbody of a county or other entity engaged in economic development activities on behalf of the county and an economic development agency must require the agency orlehbty receiving county"funds to submit'a report'to the governing body of the county detailing how-county funds-were spent and detailing the results of the economic development agency's or entity's efforts on'behalf ofthe county. By January 15, 2011, and annually thereafter, the county must file a copy of the report with the Office of Economic and Demographic Research and post a copy of the report on the county's website. (5)(a) By January 15, 2011, and annually thereafter, each county shall report to the Office of Economic and Demographic Research the economic development incentives in excess of $25,000 given to any business during the county's previous fiscal year. The Office of Economic and Demographic Research shall.compile the information from the counties into a report and provide the report to the President of I256 http://www.leg.Rate:fl.us/Statutes/iindex;cfm?App_mode=Display_Statute&Search_String=... 1/2/2013 I Statutes &Constitution :.View Statutes : Online Sunshine i'a,c 2 n1'2 the Senate, the Speaker of the.House of Representatives, and the Department of Economic Opportuinity: Economic development iricentives include: 1,. Direct:financfal,fnceniives of monetary assistance provided to a business from the county or through,ian orgariizatiornauthorized'by�the,county. Such'inceritives;incluft but are not Limited to; grants;.'lb ans,-equity;investments, loan-insurance and guarantees, and'training subsidies. 2. 'Indirect'incentives in the form;of•grants'and loans provided to businesses and community -organizations'that provide to businesses or, promote business:investment or development. 3. Fee-'based.or tax-based incentives,'inc.10ding, but not limited to, credits, refunds, exemptions, andproperty taz-abatement br assessment reductions. A. Below-market rate leases or deeds for real property.. (b) 4 courity shall report its economic development incentives in the format specified by the Office of Economic and Demographic Research. (c) 'The Office of Economic and Demographic Research shall compile the economic development incentive Is provided by each county in a manner that shows the total of each class of economic development incentives provided by each county and all counties. Historys. 1,•ch..95-309; H.C.R. 274.1 (1995); s. 1, ch. 2010.147;s. 19,ch. 2011.34;s. 51, ch. 2011.142. Copyright o 1995.2013 The Florida Legislature • Privacy Statement • Contact Us i I i 1 llittp:Uwwwleb•:state:f7;us/Statutes/inde.:.efin?App_rnode=Display_Statute&Search_String=... 1/2/2013 257 Ni:vv Statutes : Online Sunshine Puec l of} . � � [��] select Year: 201i ,1? 1601 | The 2612 Florida Statutes- PUBLIC BUSINESS URBAN REDEVELOPMENT -hi —'-�- � - _-. --- ,.__---~ (')/ ' | .6't& -6f the1egi�a�ureth�t each by koeeiggvcrnhnent ,possess,ing' .a.n.approved enterprise zone after January' 1. 1995, encouragements uno /ncerinvesto!ncreaserehabilitation, renovation, ,estonabon, improvement, ornew construction of *hmusng� bnd-Uoihcremse the economitviability and profitability ofbusiness and commerce, located vvi{hinen���risezones,designated.pursuant1os' ' (b) Em�h-�� nni mi �b��� e tpbsse� a ip''ah pprmvedenterprise zone may review its ordinances to d6 nn<ne.w-hi ^'mayha / aneoabW4�irhp4ctup ' *dhenehAbdUtado�, henovaboh, reotoration' � LonstrucbOp'mf'hdudng, oir'u` ' 'theeconomic viab hty.and profitability of l(kat6d.withih 6nt6r[5iiti�'z6he�'dC-si'�ri�tL�,d.pUr�u�ht to s. 290.0065,.and may y.t66'Uhit-�dSt�iLi�sD�pa'rt6ien-t6f�'"H6U'�'-ihi�Ahd Man .�) N ths'sec-timnauthorizes any local government to waive, amend.'provide exceptions to, ormtbehwi I se.modify or*ter any-ordjhmnce: (a) Which is!ewpresilyreguired-toihnplemento[ehibrtebnystatutory Provision orthe legislative intemt,there6/ (b) Which i*desi8ne6'toppbtedtpersopsa8pdhstdikrimimcibon bh the,basisoyrace, eoior, national qh8in, reU&h, sex, age, handicap*- wrnhmMtaistatux} or (d) 'The vvd��r', mmhe-idn���, ��hhodi�c�tmpbfwhicKi� b�eh�*lp -` 1'asignificuhtrisklnthe 'puouc nealtn, public safety, or the environment-ofthe ftate. (3) The waiver, amendmeht, or,nn6difitation ofany ordinance pursuant tothis section shall be accomplished inaccordance With the provisions of chapter 120. (4) The provisions ufthis section shalt not supersede any provision of chapter 183. Hhxwry-/ 41,ch. 91'262;ss.34^ ]7. ch.**'1]6; s. 11.ch. 200-287. 'wotw.-meyeatedDecember 31'Zn15.byo. 1,. ch.20w5'l8r. Copyri.ght 0 1995-2013 The Florida Legislature - Privacy Statement - Contact Q ' 3�� ��' .. 1/2/2013 ^ EXHIBIT E DrAt Minutes of.Enterprise Zone Development Agency Meeting, November 8, 20 12 259 AGENCY A meeting of the iridian Rivet County (AC) City of Vero Beach (COVE) Enterprise .y 'Zone Development .Agency (EZDA) was held on Thursday, November 8, 2a1b., in Conference Room B'1=5,01 at the County Administration Building B, . 012--at 30 1800 27th.Street, Vero Beach-. Florida Ptes6ht.werd members: I Penn' Chandler, Chamber of Commerce, Vice Chairman Y Karl Zimmerman, Local Code Enforcement Milt Thomas, Member at Large 'Tbdd Westover, Member at Large Nicholas las Rains, Member At Large Joseph Chlarella, Commercial Insurance Agent Godfrey Gipson, Non-Profit on EZ Eft- Men§e�r, Business in EZ Smith, Resident in EZ l6riahoauer-Wdfkforce D6velopment.(Aliernat6 for Richard Stetson) Absent Were: kithard Lar*,C hairman., LawEnf6rcement (Excused) Trac;y C:;irrbllpOfty (jfViaro-Beith-CiDundilm-e"m'ber,(Uri-T'E-xcugibd) .Others Prdseint-', !H61on I e C_. Flet;chdr, Qa6d_ltIh6,.-ChAMbdr,of CommerceJoseph,Eoftniissibrier Liais6h Alan-S'..Pblackwich,'Sr., County Attorney lLaura, E.. Vasqudzi Commissioner Assistant; District 2, &Recording Secretary -Call to order Vice Chairman Chandler called the meeting to order at 8:38 a.m. at which time it was determined there was a quorum present. EZDA UNAPPROVED 1 November 08, 2012 .C*\Docum6hts,and*S6lbhOslaoolackwich\Lck-,aI Sieffings\T-emporary Intemet .File,s\Cofit6nt.Outt6ok\5EkVK'F3F\1 1,-;0&-12.dbc 260 Aparoval`bf Minutes — October 11. 2012 (Action Required) Old MOTION BY Mr. Smith, SECONDED BY Mr. :Zimmerman, the, members voted unanimously (10-0) to approve the meeting minutes from October 11, 2012 as presented.- Possible resented:Possible Local Incentives .in the Enterprise Zone - Information and Discussion Alan S. Polackwich; County Attorney (No Action Required.) Vice Chairman Chandler introduced Mr. Alan S. Polackwich; County Attorney. Attorney Polackwich referred to his report titled "Possible Local Enterprise Zone Incentives" included in the agenda packet and on file in the Commission office. Attorney Polackwich stated the Enterprise Zone extended. partially in the.County and the, City. Under Florida law, the City was allowed to charge a utility tax on certain services: rendered, including electricity and natural gas. This past summer the City of Vero Beach, waived 50% of,utility tax on those portions of the Enterprise Zone located wittii'nithe Cify�'liniits for businesses,that-meet°certain criteria.. Attorney Polaekviiich.saidlhat requiremenf triggered'a,Commissioner to bring an item to the 'Board of County Commissioners about whether the County could do something about franchise fees or;something similar in, the portions of the enterprise zone located wittin::the County: _ He'saidthere.was a"lengthy discussion on the topic. Attorney Polackwich ,reviewed all local incentives 'the' County could possibly, adopt into the. Enterp.rise-Zorie. Fie would present;all 'the,ineentives:that may be workable and the Board would.identify the.goalsCthey were interested in: !,Attorney Polackwich said he fesearched the listed items-on his report by looking at the :State Annual Report on Enterprise Zones, as well -as from different resources, and what types of other local incentives existed or were being introduced in the State of Florida. 'He came-up with a list of thirteen items. There was an internal staff meeting in which Helene Caseltine was present, the items were- reviewed and determined that some items may already be- in place.or staff had not felt they were viable, the list was shortened to the eight items presented at today's meeting. Attorney Polackwich turned the committee's attention to the two Florida Statutes included.in his report: EZDA UNAPPROVED 2 November 08, 2012 CADocuments and Settings\apolackwich\Local Settings\Temporary Internet Files)Content.Outlook\kRVKF3F\11.08-12.doc 261 FS 290.0135. language: "it is the.intent of the Legislature that each ordinance adopted by a,7ocal.go.verhnient possessing an approved'Enferprise Zone after January 1; ,1995,, when applicable; provide. encouragements and incentives:....to increase the c..._ .economic .viabifity arid' profitability of business and 'commerce located within the .Enterprise Zones designated pursuant to Section 290.0065::-.Each local govemment possess,ng an approved Enterprise Zone rimay revVie.t%v its-ordinances to determine which may have a negative: i►rrpact 'upon,..th.e,6c6' 6Mi& viability, and profitability of business and commerce, located. within, the. Ehterprise- Zones designated pursuant tb Section '290.00065, and may, waive, amend,* or otherwise modify_ such ordinances so as to minimize the.adverse impact. FS 125.045 language: "The goVeming body of a County may expend public funds to attract and retain business enterprises, and the use of public funds toward the achievement of such economic development goals constitutes a public purpose. The provisions of this chapter ... must be liberally construed in order to effectively carry out the purposes of this section ... for the purposes of this section, it constitutes a public purpose to expend public funds for economic development activities, including, but not limited to, developing or improving local infrastructure, issuing bonds to finance or re- finance the cost of capital projects for industrial or manufacturing plants, leasing or conveying real property, and making grants to private enterprises for the expansion of businesses existing in the community or the attraction of new businesses to the community." Attorney Polackwich-stated the.frst Statute FS 290.0136, contained in his report referred to what legislators authorized counties ao create either by encouragements, or dinceiitives, :or;to: eliminate adverse impacts.to development and expansion`within the Enterprise.Zone: Attorney-,Polackwich said Statute ,F.S 125.045.was.the general statement-of the County"s.'Economic Development powers,. "He•said'both statutes gave 'the authority to do."most things,,under:the Warne of�incentives�irik:tho`tht6V'rise Zone. The comrriittee.revievired:item...#.1 .ofthe,Possible New Local-Incentives list. 1., Subsidize: (in. whole or- .in part), cdunty iMpact-'.fees (county would have .to pQMe' -up Mih funds to,pay1.whatever- amount the Enterprise Zone business does not:pay) 'Attomey Polackwich stated impact fees were complicated and came.down to the business not being required to, pay- more than their proportionate share of the, cost of developing the infrastructure that was made necessary because they had come into the community. He said if a business was waived impact fees, the County would have to subsidize the impact fees from some other source. EZDA�U N-APP ROVED 3 November 08, 2012 CAbocuments andSettings\apolackwich\Local Setting§\Temporary Internet Files\Content.Outloo-c 5ERVKF3F\11=08-12.doc 262 UNDER DISCUSSION: Vice-Chairman Chandler .suggested the committee have a discussion on the possible.:negative impacts it would'have.to-the County and future projects, and opined there was no way of measuring poteritiaf future economic'impacts. Attorriey Polackwich remarked if a.business were.to -move into the EZ from out of,the zone:;and.established a business, they would .have.to pay impact fees. He said if 'the County did not collect .the impact-fees, the'County .would have to make it up. He brought' up the issue of how-often that would,'happen and felt it was difficult to predict He raised the question of how often a business would expand enough in such a way to doll fo� new impact fees. IMs. Caseltine- asked if this was only for projects in the unincorporated County. At whichltime Attorney Polackwich explained some impact programs were County-wide, so for example,, transportation impact fees were collected for businesses expanding into the City because it was a County=wide program, and other impact-fees were only in the County. He said the greatest impact fees were in transportation. Mr. Zimmerman asked if the shortfall would be made up,out of the general fund. At which time Attorney Polackwich responded he felt they could be made up through fuel tax revenues (transportation) and thought other revenues like the one-cent sales tak, -He,said there.could' be other means of sources,but usually the first place was the geheral:fund:. Attorney Polackwich stated it was complicated because if it came from fuel tax, the c6mplicated46rmulas usedlo determine,.what if,any, was the proportionate share and.wh8ft,w6uld be the amount of the impacf fee•,to be�paid. Attorney Polackwich said it -waIs,assumed.the`shortfal l'woo Id',corn&,out:of the general fund`.. Mr. t0odfrey, Gipson asked if this'was a_ pplicable for new projects in established areas, .or was if just 'for uri'-developed areas. 1.Attorney P616ckwich answered it. would applyjpririiarily`for new businesses. Attorney Pol'ackwicti explained if a business were .ccristructing a new building _tci house their tusiness;, whether, or not .it` .wer.-e in a .developed,area:or un-developed area, the business-would; have to,pay-impact'fees. AttomeylPolackwich explained in-.some cases impact fees were based'on square t- P footage, for example, if you have a. one-thousand square-foot building, the business would pay X amount in impact fees and a business that had two-thousand square-foot buildi{g would pay XX amount in impact fees based on that square footage. 11 Attorney Polackwich explained if a business had a one-thousand square-foot business and would then expand to a two-thousand square foot-building the business would be, required to pay the impact fees based on the expanded footage (one thousand feet). EZDA UNAPPROVED 4 November 08, 2012 C 1Documents and Settingslapolackwich\Local SettingsUemporary Intemet Files\Cohtent.Outlookl5ERVKF3F11.1'-08-12.do6 263 Commissioner FlescheY said he was concemed about the fringe benefits of waiving impact-fees to businesses that.were:,not in the Enterprise Zone and had paid What they perceived -as ekOrbit'ant fees to establish their business. He .added in addition; if the.business was logistically dependent on transportation vehicles would not be contained to the.Enterprise Zone�andthey.would be using the same road others had to pay for, and'believed it would create more acrimony than benefit. Vice Chairman Chandler asked whether Attorney Polackwich wanted a consensus at the end of each item. He replied, he felt it would not be fair for the committee to :come to conclusions after viewing the report for the first time. He suggested the minutes reflect-the comments from.the committee. Attorney Polackwich said he would attach the minutes to the agenda under "Attorney Matters" to present to the Board. Mr. Zimmerman said he had the same concerns as Commissioner Flescher. He said it could cause a situation where groups opposing each other strictly over a very close lassociation proximity to the border of the group and felt impact fees were an emotionally-charged issue in this County-and had been for a long time. Mr. Zimmerman opposed the incentive to subsidize (in whole or in part) county impact fees. I The general consensus of the committee was not in favor of: 1: Subsidize (in whole or in part) county impact fees (County would have to come, up with 'funds, to pay-whatever amount the Enterprise Zone business does'not,pay). I -The-clo;mittee.reyiewed item#2.of the,possible.-AbW Local-Incentives Report: - - _. :.2: Low 'interest (or no �nteresf) 'impact fee financing (impact fee financing is already in place; .but' intertest rates, -would be lo_wered or waived in the EriteipriseZone:. UidDER DISCUSSION, Attorney Polackwicli stated item #2`was basically a f nancing,of impact fees. He said'tliere was an impact,fee financing in Utilities (water-, sewer] and believed it was at 5:25%0. Mr.'Godfrey said'he favored lowering interest-rate but-not-financing. Mr. Eric Meriger said he favored financing the impact fees but not lowering the interest rate, and felt it was good advertising-for the Enterprise Zone. Mr. Zimmerman inquired whether there was a recapture provision in place for businesses that fail. Attorney Polackwich responded the business would sign a lien EZDA UN-APPROVED 5 November 08, 2012 CA36cuments and Settings\apolackwich\Local SettingslTemporary Internet Fiies\6ontent.0utlook\5ERVKF3F111-08-12:doc 264 agreement and the.County would then record a mortgage on the.property. ICornrriissioner:Flescher-lhquired where.the,County waslaced on receivership if wasplaced there"was:,a fort.fit. Attorney'Polackwic4 respgri'ded water/sewer liens were covered by a different statute which gavepnor'ty'to the lien. He ekblairied that.if there .were a mortgage on a property, water/sewer, would.generally have: 'the same priority as Ad Valorem faxes: He further said other impact. fees such as transportation etc., would have priority according to the date is was recorded: because it, was not covered by a similarl statute. Commissioner Flescher inquired whether the agreement for utilities and transportation was separate or inclusive-as one. .Attorney Polackwich said he believed there would be a separate lien on water/sewer so as,not to jeopardize its priority. Vice Chairman Chandler inquired if there was a length of time in which those funds lmust be used. Attorney Polackwich replied in the affirmative. Vice Chairman Chandler inquired if all the other impact fees except water/sewer were they all identical Attorney Polackwich replied in the affirmative. A_ conversation ensued regarding the financing of impact fees. Attorney Polackwich stated that some financing was up to ten years. No one was clear how long water/sewer was financed. The general consensus of the-committee was: 12., .Low interest (or no iniere-sf impact fee .financing (impact fee financing was j already in. p/ace;. -but interest .rates. would. be dowered or waived in the E.n.terPnse•Zone; -a: .LoW&r- interest rate ori thea impact,fee .financing in the Enterprise Zone GenefUd6nsensus of;tlie'committee was,4n:fav& k Waiving on the financing fees within.the Enterprise..Zoiie General consensus was*.-not.in.favor c., 'Interest rate should be.th'e same 1 tefeit'rate the County generally_ charges General consensus was in favor, The committee reviewed item.43 of the possible-New=Local Incentives-Report 3. Subsidize (in whole or in part) or waive -development fees (e.g., site plan application, concurrency application, etc) and/or building- permit fees (because the Building Department is an enterprise fund, the County would have to come up with funds to pay whatever building permit fees the Enterprise Zone does not pay) EZDA,UN-APPROVED 6 November 08, 2012 C°1Documents and Settingslapolackwich\Local SettingslTemporary Internet FilesCContent:OuUookl5ERVKF3F11'1-08=12:dot 265 UNDER.DISC_ USSION IMr: 'Godfiey said ,he would not be.•in favor of subsidizing (in whole or in part) or •waiving:development.fees and/or buildi'ng,.pemiit.fees. IAttomey Polackwich explained'subsidizirig building= perrhif fees, was what the corrimittee. was reviewing. He said site plan aP'plications.and concurrency application fees•were paid to-the Planning Department'which was funded out of general revenues, aorihe committee would not have to worry about..subsidWhg those fees. Attorney P61ackwich said.the BuildingDepartment was an enterprise fund so it survived on fees collected. He explained _if the Building Department did not collect permiti-fees and inspection fees from businesses within the Enterprise Zone, the County would have to transfer funds from general revenues to the Building Department. I iA conversation ensued regarding the difficulties business owners in the Enterprise Zone had gone through for the incentives they thought were easily attainable to receive because they were in the.Enterprise Zone, Chairman Chandler brought up a case in point regarding Oculina Bank and the hardship they went through with the Department of Revenue when they applied for their incentives. The general consensus of the committee was in favor: l 3. The general consensus of the committee-was to waive (in whole or in part) i developirient.:fees,.(e.g., site plan application,; concurrency application, etc) and/ot building permit'fees (beta_ use the.Building Department-is an enterprise fund, the.Couhty'would,have to come. up .with funds-to.pay whatever building peimif fees,.the:Ente>prise:Zone,does,not,pay)- Tlit: Committee reviewed'item:#4:ofithe-Possible,NdW Local Iricentives,Report 4.: Subsidize (in who/6--or in part) water and:sewer connection fees.(because the Utilities 'Department' is ah"-enterprise fund , and because our Code and bond covenants prohibit ariy free service"the County.would have to come.up with funds.to Pay whatever connection fees the.Ente'rprise Zone does not pay) Attorney Polackwich. .recommended the committee discuss waiving water and .sewer connection fees for businesses within the Enterprise Zone. He said it was not a large.-'amount of'money. He said the County would transfer funds from the Accounting Department to'the Utilities Department. The general consensus of the committee was in favor. The general consensus of the committee was to waive water and sewer connection fees for businesses within the Enterprise Zone. EM&UN-APPROVED 7 November 08, 2012 C:\Documents"and Se tingslaPolackv ich\Local Settings\Temporary Internet Files\Content:Outlook\5ERVKF3F\11-08A2..doc 266 The C 011rriftttee reviewed item 05-of the possible.N&WILocal Incentives Report 5. Subsidize '(ih whdle or J` glft.,, on, a -case-.- by case basis) the cost of --. _1 . n., T, ' _ _ I - - 'ihfia.strbct&re improvernerit.§, re'Plade-Net or fe-loc-ition .needed by the Enterprise.Zone 6usinets to,locate or-expand,ih* Jhe,Enterprise Zone. UNDERIDISCUSSION 'Attorney Polack- widh gave:a brief 6xpl anation he said, if a businesswouldwant to move jihid' the Enterprise Zone and there was not for example, utilities lines or infrastructure, the Co.unty could consider subsidizing (in whole or in part) payihg some Obrtiohl of the -building infrastructure that was necessary. e.g., Water/sewer lines leading to the p'roperty, i (Vice Chairman Chandler suggested perhaps a link on the County Website, the Chambers' website and other Councils' websites With a direct link to the Enterprise Zoneil Which would show Ordinances' and/or Resolutions that have created the Enterprise Zone. Leroy Smith IeA*at'9:35 a.m. The general consensus of the-committee Was in favor. Subsidizing. (in, who/e -or. in part; 61i 6 case by case basis) the cost of ft ihstrudlb.re ;, ,re improve M-16ntt -1ac'effi"66t m4dcafibn needed by the - . Enterprise Zone business or,expand ih the Enterprise Zone. J fte!,Uomhlittee-rev16w6d item 46!rof the,-Pos�sible,neW..Local-Incentives Report ' 6... Modify the jobs .grant program 16- P increase the amount of the grant fbr new jobs created jn ;the Enterprise. Z6ho- .Currently,. the. amount is 1061 greater than grrahts..Otitside the Enterprise Zone-; thit amount could.be -increased -to 20%, ,orsoh76;othe r.figure. ,UNDER_DISCUSSION Mr. Zimmerman red6ffifneridod increasing the grant to 20%. Mr. Westover .recommended,r4isin"g the,grant to 50%. The general consensus of the committee was in favor of Modifying the Jobs Grant Program to increase the amount of the grant, by either 20% or up to 50% for new jobs created in the enterprise Zone. EZDA UN-APPROVED 8 November 08, 2012 CADOCU rh6ritsadd Seftingslapolqckwich\1_6cal Siettingrffempibrary Internet Fili!s\'Cont-ent'.Ou-t'look*\5E'RV'KF3Rl-i-O-6--1'2;doc 267 The,Committee-reviewed.itierh.#7 6f'thepossible new Local Incentives Report I." Mlye theLoc5l Busihess Tax Receipt. UNDER,Q I S.0 u-S sl o N Attorney Polackwich said the Local Business Tax Receipt was fomlerly called the Ousine Iss Tax Rede ipt. .A. .ttorhey Polackwich said the Local Business Tax Receipt could be waived for a specified period of time. IThe general consensus of the committee was in favor of waiving the Local Busine' ss Tax Receipt for a specified time. The Committee reviewed item #8 of the possible new Local Incentives Report 18. Mive (in whole or in part) franchise or fee-in-lieu of franchise fee (water/sewer; electric, garbage, etc.) 'UNDER DISCUSSION 'Commissioner Flescher said; the incentive. should be consistent with the other 'ihcen'tiV'es, that were already established. He said,.'the 'period of time-should be limited 'and fe It,three ye,Irs Was ample:time to get a,b u si rfes s up and running. Attorney Pdlackwidh-.said'.t6is incentive would-,not'apply to existing businesses. Mrs. Qas4p tineTeMJncl6d c6rhi-niftee that the Enterpnite Zone Development Agency was-coin ing:up,fors.un-s6ttinq-review in 20 1 5,as-wa -State'sprogram. The.generall-consensusof the,committee Wasin favor of Wjiving (in whole or in p e Art) fr�poffi.§e, orfici '46-lieu of franchise fee (water/sewer, electric, garbage, 1W W6stdver mentioned incentive. 45 and suggested 6 special fund be Enterprise Zone Strategic Plan (Review and/or Revisions (Action Required) IThe Enterprise Zone Strategic Plan review was tabled until the next EZDA meeting on Thursday., December 13, 2012. Committee Member Items (No Action Required) EZQA�UNAPPROVED 9 November 08, 2012 C:\006u,ments and Settinpkapolackwich\Local Settings\TeMporary Internet 'Files\Conterit.Outlook\5ERVKF3F\I 1-08-12.doc 268 Ms. Caseltihe announced there would be a free Entetprite Zone Workshop on Thursday, No,'VeMbgr 29', 2012 'at 900 anx. the ffid.ian River County Administration Buildin-'g', located at 1801 27"7"Stfeet, V6r6 Beach, FL Pu b1icl biscuissi.onIt6m' .S, There was none. Adiburriment There.being.no further business'the meeting adjourned at 9.55 a.m. Next fileetino Date ,The next meeting date will be held,on Thufsday, December 13, 2012. EZDA:UN-APPROVED '10 November 08, 2012 C-11)6b&n6nts and 8e,6nplapolaclwich\1obal Seffinp\Temporar, Interne, Filisl6ontd0t.Outlook\5ERV'KF3'F11'1-08-12:doc 269 G G___L DEPARTMENTAL MATTERS INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: January 28, 2013 SUBJECT: Potential Enterprise Zone ntives—Financial Analysis FROM: Jason E. Brown Director, Management(&E dge i l BACKGROUND On January 8, 2013, County staff made a presentation to the Board of Commissioners on possible new incentives in the Enterprise Zone. The staff report identified additional incentives that would be implemented in the Enterprise Zone. At that meeting, the Board requested additional information about the estimated financial impacts of each of the eight (8) additional incentives presented. There was also discussion regarding the implementation of these incentives on a countywide basis rather than limiting the incentives to the Enterprise Zone. As discussed during the meeting, it is difficult to estimate the impact of some of the incentives on a countywide basis. Therefore, the financial analysis is primarily based upon the incentives that would have been available to some real employers that have applied for and received local jobs grants within the County in the last few years. Staff has analyzed three (3) such applications. These are INEOS New Plant BioEnergy LLC (INPB); Communications International Inc. (CII); and SpectorSoft. Company Naine Jobs G 1. ted INEOS New Planet BioEnergy LLC(INPB) 55 $1,397,885 SpectorSoft Corporation 34 $208,000 Communications International Inc. (CII) 12 $68,000 i The eight(8)potential additional incentives considered through this process are: 1. Subsidize(in whole or in part) County Impact Fees. 2. Financing of Impact Fees on More Favorable Terms. 3. Waive or Subsidize(in whole or in part) Development Fees. 4. Subsidize(in whole or in part) Water and Sewer Connection Charges. 5. Infrastructure Improvement Program. 6. Modify the Jobs Grant Program to Increase the Bonus for Jobs Created in the Enterprise Zone. 7. Waive or Subsidize the Local Business Tax Receipt for a Limited Period of Time. 8. Waive (in whole or in part) the Franchise Fee or Fee-in-Lieu-of-Franchise Fee for a Limited period of Time. 11 X70 . ..i Each sof the eight potential incentives is discussed individually in detail below. The impact on the three local jobs grant applicants is detailed along with additional discussion of some considerations regarding the implementation of such incentives. Please note that while the job grantf applicants may not be located in the Enterprise Zone, it was assumed that they were within the boundaries for developing an estimate of the impact of the potential incentives. 1. Subsidize (in whole or in hart) County Imaact Fees. Due to the "proportionate share" nature of impact fees, these cannot simply be waived. Rather, non-payment of the fees by the new or expanding business must be replaced with payment of the fees Uy the County from another source. This incentive would result in the County funding the impact fees for new or expanding businesses in the Enterprise Zone from another source, such as; general revenues, gas tax.revenues or one cent sales tax revenues. It is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. For comparative purposes, please see the table below showing the collection of commercial impact fees over the last five(5)years. FY FY FY FV FY Impact FeeType 2007/08 . /09 2009il 0 2010/11 2011/12 Traffic Fees $1,566,845 $702,339 $582,873 $583,142 $583,805 Other Facilities $778,057 $175,132 $12,819 $34,998 $125,754 Water& Sewer Fees $771,549 $376,769 $562,150 $408,944 $577,897 Total $3,116,451 $1,254,150 $1,157,842 $1,027,084 $1,287,456 1 i Each of the proposed additional incentives was presented to the Enterprise Zone Development Agency (EZDA) on November 8, 2012. The consensus of the EZDA was to not recommend approval of this incentive. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. 1. Subsidize County Impact Fees Estimated Additional Company Name Incentive Comments/Notes Impact fee credits on the property were more than the fees to be paid on the INEOS New Planet BioEnergy LLC 1$17,484 new construction for traffic and other facilities. Total is for water&sewer fees only. SpectorSoft Corporation $0 Company operates in leased office space, so no impact fees were paid Company continues to use existing Communications International Inc. $0 facilities. No building expansion, so no fees were due. Total $17,484 1 1 �71 i 2. Financing of Impact Fees on More Favorable Terms. The County currently provides financing for water & sewer impact fees for a period of five (5) years; with a hardship extension to ten (10 years. The interest rate charged is adjusted annually, and the current rate is 5.75%. The County does not typically finance the other impact fee types, although this has been done on a case by case basis for large new or expanding employers. The possible incentives include extending the term, reducing rate or both. Extending the term results in a short term cash flow impact, but it does not result in a significant additional expense. Reducing the interest rate would result in lower repayment amounts. There are challenges relating to securing payment with a lien which would survive foreclosure of a pre-existing mortgage. Additionally, the fee payer can typically finance the impact fees along with the construction costs. Lenders have had problems subordinating loans to County loans in such situations, and subordinating the County loan to the bank loans presents a security concern for collection of the County loan. Each of the proposed additional incentives was presented to the Enterprise Zone Development Agency (EZDA) on November 8, 2012. The EZDA did not appear to reach a consensus on iaking a recommendationfor this incentive. It is difficult to estimate the countywide impact of sincentivehetherimplemented in the Enterprise Zone only or on a countywide basis. Please e the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. 2. Financing of Impact Fees (in 1111ore Favorable Tei-ins i Estimated Additional i Company Name Incentive Comments/Notes Based upon$17,484 fees financed at INEOS New Planet BioEnergy LLC $4,714 5.75%for 10 years. This assumes 0% interest. 3%interest rate would be savings of$2,299. SpectorSoft Corporation $0 Company operates in leased office space,so no impact fees were paid Company continues to use existing Communications International Inc. $0 facilities. No building expansion,so no I impact fees were due. Total $4,714 For illustrative purposes, the owner of a commercial development that required water & sewer impact fees totaling $10,000 would pay interest of $2,696 over a period of ten (10) years at 5.75% interest. 3. Waive or Subsidize(in whole or in part) Development Fees. This incentive considers waiving development fees and subsidizing building permit fees for businesses seeking to locate or expand in the Enterprise Zone. Development fees are funded from the M.S.T.U. Fund, so they could be waived. This would result in a subsidy of these fees from other M.S.T.U. Fund revenues. The building permit fee subsidy would need to be provided 115172 i from some other source, likely General Fund dollars. The consensus of the EZDA was to recommend approval of this proposed incentive. It is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. 3. NAaive or Stibsidize(in Nfliole or in part) Development Fees Estimated Additional Company Name Incentive Comments/Notes INEOS New Planet BioEnergy LLC $94,141 Building permit fee of$86,361 and development review fee of$7,780. SpectorSoft Corporation $0 Company operates in leased office s ace, so no development fees were due Company continues to use existing Communications International Inc. $0 facilities. No building expansion, so no development fees were due. Totals $94,141 i INPB paid significant building permit fees and development review fees due to the size of this project. It should be noted that building permit fee revenues for last fiscal year totaled $1.6 Million. Therefore, the INPB building permit fee was about 5.3% of all building permit fees for the fiscal year. Likewise, development fee collections for fiscal year 2011/12 were about $190,000. These fees were put in place to help recover the cost of planning staff. When such fees i a're waived, the M.S.T.U.Fund taxpayer subsidizes such costs. 4. Subsidize(in whole or in uartl Water and Sewer Connection Charges. i Water and sewer connection charges can vary substantially from one applicant to another. Connection fees can be as little as $155 (meter install fee of $130 and service fee of $25). However, connection charges can include line extension fees if service is not available at the current location. The line extension fees are charged on a per foot basis and vary depending upon'the frontage of the project. Since the Utility Department is an enterprise fund and must maintain equitable rates, these charges may not be subsidized by other utility customers. Therefore, payment from another source would be required. General Fund revenues would be the likely funding source for this subsidy. The EZDA consensus was to recommend approval of this proposed incentive. Once' again, it is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant applicants. I 4. Subsidize (in whole or-in part) Water& Sewer Connection Charaes Estimated Additional Company Name Incentive Comments/Notes Line extension fees of$12,931 (sewer) INEOS New Planet BioEnergy LLC $23,353 and $9,225 (water)based on 820 feet. Meter install fee of$1,147 and inspection fee $50) SpectorSoft Corporation $25 Company operates in leased office I space, so only service fee was due. Company continues to use existing Communications International Inc. $0 facilities. No additional connection needed, so no such fees were due. i Total $23,378 i 5. Infrastructure Improvement Program. Infrastructure improvements (roads, utility lines, etc.) may be required for a business to locate or expand in the Enterprise Zone. While the County already has general authority to provide such improvements to encourage economic development, a specific program outlining the circumstances does not currently exist. The County has made such improvements on a case by case basis in the past (e.g. CVS). The need for such infrastructure improvements is dependent upon)the current infrastructure available to each site. Therefore, the opportunities for such a subsidy would vary on a case by case basis. Funding for such infrastructure could be provided by gas taxes, optional sales tax, gas tax or General Fund revenues. The EZDA consensus was to recommend approval of this proposed incentive. 5*. Infrastructure linprovenient Program Estimated Additional Company Name Incentive Comments/Notes Turn lane from Oslo Road required as INEOS New Planet BioEnergy LLC $150,000 part of permit. County coordinated J resurfacing to help reduce costs slightly To Staffs knowledge, no known SpectorSoft Corporation $0 improvements were funded by the employer,that would have applied to i this incentive To Staff s knowledge,no known Communications International Inc. $0 improvements were funded by the employer that would have applied to this incentive Total $150,000 11 1274 ...i Due to the significant variance in infrastructure improvement needs for individual sites, it is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only or on a countywide basis. Furthermore, the cost would also depend upon the number of applicants applying for this incentive. Please see the table above for the impact that this incentive would have generated for each of the three local jobs grant applicants. 6. Modify Jobs Grant Program to Increase the Bonus for Jobs Created in the Enterprise Zone The County currently grants a 10% "bonus" for jobs created in the Enterprise Zone. The proposal is to increase this bonus to a higher amount ranging from 20%to 50%. The County has had one applicant for the local jobs grant within the Enterprise Zone—Girard Equipment Inc. In 20111 Girard received approval for a jobs grant covering an estimated 20 additional jobs. Girard received a $77,000 local jobs grant, which included $7,000 for the 10% Enterprise Zone "bonus". The applicant would have been eligible for an additional bonus ranging from$7,000 to $28,000 based upon the proposed bonus of 20% to 50%. Thus, the countywide impact for this increased incentive would have been $7,000 to $28,000 over the last four years within the Enterprise Zone. The additional bonus would not necessarily apply to the countywide implementation scenario as that would be more appropriately handled by simply increasing the local ljob grant amounts. It should be noted that the County has provided local job grants totaling $2,483,000 to fourteen (14) employers representing an estimated 376 additional jobs since 2009. The LDA consensus was to recommend approval of this proposed incentive. Please see the table below for the impact that this incentive would have generated for each of the three,local jobs grant applicants. While the job grant applicants are not located in the Enterprise Zone, it was assumed that they were for the purposes of this analysis in order to be eligible for the Enterprise Zone jobs grant"bonus". i Estimated Additional r I Company Name Incentive Comments/Notes ' Based upon a 50%bonus for the EZ INEOS New Planet BioEnergy LLC $124,000 compared to the current 10%. A 20% j bonus would provide$31,000. Based upon a 50% bonus for the EZ SpeclorSoft Corporation $83,200 compared to the current 10%. A 20% bonus would provide$20,800. Based upon a 50%bonus for the EZ Communications International Inc. $27,200 compared to the current 10%. A 20% bonus would provide$6,800. Tota! $234,400 7. Waive or Subsidize the Local Business Tax Receipt for a Limited Period of Time. All businesses pay this tax of $40 per year. The proposal is to waive or subsidize this tax for new businesses for a limited period of time—perhaps three (3) to five (5) years. Initially, the proposal was to cover the Enterprise Zone. It is important to point out that the County only 11 $75 levies this tax in the unincorporated area. Municipalities levy this tax within their corporate limits. Therefore,the businesses within the City of Vero Beach would not receive this incentive, unless it is passed by the County and the City. The EZDA consensus was to recommend approval of this proposed incentive. i This incentive would reduce revenues for the M.S.T.U. Fund depending upon the number of eligible applicants per year. It is difficult to estimate the countywide impact of this incentive whetlier implemented in the Enterprise Zane only or on a countywide basis. Please see the table below for the impact that this incentive would have generated for each of the three local jobs grant!applicants. Local Business Tax receipts generated about $180,000 in revenues for the M.S.T.U. Fund last year. This revenue offsets ad valorem taxes in the M.S.T.U. Fund. Waivers of this revenue result in an increased burden on the property tax revenue to fund unincorporated area services. The impact of an individual waiver is not significant. However, the result in some other counties has been a substantial impact to this revenues source. 7. Waive Local BusinessTax Receipt for a Limited Pet-iod of Time Estimated Additional Com an Name Incentive Comments/Notes INEO�S New Planet BioEnergy LLC $200 This estimate assumes a 5-year period. A 3-year waiver would equal $120. SpectorSoft Corporation $200 This estimate assumes a 5-year period. A 3- ear waiver would equal$120. ! This estimate assumes a 5-year period. Communications International Inc. $200 A 3-year waiver would equal $120. Total j $600 i 8. Waive (in whole or in part) the Franchise Fee or Fee-in-Lieu-of-Franchise Fee for a Limited Period of Time Utilities provided in the unincorporated area of the Enterprise Zone are•charged a franchise fee or fee-in-lieu-of-franchise fee of about 6%. The utilities operating in the area include Florida Powei & Light (electric), City of Vero (electric, water & sewer), and the County (water & Sewei). The proposed incentive is to waive this fee in whole or in part for a limited period of time-,again, perhaps three to five years. This waiver would result in reduced revenues for the M.S.T.U. Fund, which funds County municipal services in the unincorporated area of the County. Implementation of this incentive would likely require amendment of the franchise agreements with the City of Vero and Florida Power & Light and amendment to the County Code I for the County Utility. The County would also need to coordinate with each utility to administer the program. This incentive, would reduce revenues for the M.S.T.U. Fund depending upon the number of eligible applicants per year and each applicant's consumption of utilities. It is difficult to estimate the countywide impact of this incentive whether implemented in the Enterprise Zone only 'or on a countywide basis. Additionally, it is very difficult to estimate the utility consumption profile of the three local jobs grant applicants. Therefore, staff has used information from FPL to determine an estimate of energy consumption for a 15,000 square foot office building. A typical user would pay franchise fees totaling about $1,300 per year. A five- 11916 i-- year+waiver would provide an incentive of about $6,500, while a three-year waiver would equal almost$4,000. Franchise fees are now the single largest revenue source for the M.S.T.U. Fund. In & current year, franchise fee revenues are estimated to provide $8.5 million in funding. The second largest source, property taxes accounts for $7.5 million. Any significant impact on this revenue source needs to be seriously considered prior to moving forward with a change. SUMMARY Staff has some concerns regarding the financial impact of these incentives on the County. These incentives would result in lost revenues or requirements to subsidize fees in an amount that is difficult to predict. Many of the funding sources for these subsidies are General Fund and/or M.SIT.U. Fund dollars. The County has remained on solid financial footing throughout this economic downturn. However, fund balances could be strained for some time to come due to reduced revenues moving forward while the county may face rising costs. The efficacy and cost of each incentive needs to be considered prior to moving forward with additional incentives. Some of these incentives could be implemented at a relatively small cost to the county. However, others may be relatively significant depending upon the implementation of such incentives. Also, the County needs to look at the combined impact of such incentives in the event that multiple incentives are approved. RECOMMENDATION Staff recommends that the board of Commissioners review this financial analysis and provide direction to staff regarding further considerations and/or implementation of additional incentives. ATTFACHMENTS Financial Analysis of the Impact of New Incentives on Three Job Grant Applicants t I APPROVED AGENDA ITEM: Indian River Conn ved Dau ! Administrator 7/3 Legal 7'r BY, Budget oseph K. Baird County Administrator De artrner►c Risk Man ement FOR: February 12, 2013 12077 Possible New Incentives for the Enterprise Zone Analysis of P I otential Costs for Previous Local Jobs Grant Recipients INEOS New Company Name lanet Comments/Notes I P I Estimated New Jobs(full-time) 55 Currentftehtives- le!Prey 9 Existing Inc I entive/Funding Agency Estimated Cost Comments/Notes Local Jobs G I rant(County) $310,000 The QTI program requires a 20%match, which was provided by QTI Tax Refund Program (State) $132,000 the local jobs grant. Staff estimate based upon fy 11/12 tax rates and $33 million Tax Abatement(County) $955,885 assessed value. Total incentive is over 10-year period. The est. first year abatement is$193,951. 'total CurreAt Incentives Available/Previously Provided $1,397,885 #Oibie _vewIenAh r-Estlp P Item 1Description Estimated Cost Comments/Notes Traffic and other facility impact fee credits on the property 1 Subsidize County Impact Fees $17,484 were more than the fees to be paid, therefore no fees were due.Total amount is water&sewer fees. Finan I ce Impact Fees on More 10 - year cost of interest at 5.75% on $17,484 impact fees; 2 Favoeable Terms $4,714 This assumes 0% interest. 3% interest would provide savings of$2,299 3 Waive/Subsidize Building $94,141 Building permit fee of $86,361 and development review fees Permit&Development Fees of$7,780 4 Subsidize Water&Sewer $23,353 Line extension fees of $12,931 (sewer) and $9,225 (water) for Connection Charges 820 feet, Meter install fee of$1,147 and $50 Inspection fee. Turn lane from Oslo Road required as part of permit. County Infrastructure Improvement 5 1 $150,000 coordinated resurfacing project to help reduce costs slightly. Program I Cost is a rough estimate only. 6 Increase Bonus in Local Jobs $124,000 This is based upon a 50% bonus for the EZ compared to the Grant Program for Enterprise current 10%. A 20% bonus would cost$31,000. 7 Waiv I e Local Business Tax for $200 This estimated assumes a 5-year period. A 3-year waiver Limited Period would equal$120($40/yr.) This facility will produce electricity with heat from the process. Waive Franchise Fees in This electricity can be used to supply the facility or sell back to 8 Enterprise Zone the grid. The net usage of electricity is unknown. Usage is expected to be relatively low due to the electric generation capacity. Total Possible New Incentives $413,891 Drl ' 78 F:\BudgetVason\Econornlc Developm ent\Enterp rise Zone Additional IncentiveMrfalp &.,,, 21121Y Possible New Incentives for the Enterprise Zone i Analysis of Potential Costs for Previous Local Jobs Grant Recipients Company Name SpectorSoft Comments/Notes Corporation Estimated N i w Jobs (full-time) 34 Existingi Incentive/ Funding Agency Estimated Cost Comments/Notes Local Jobs Grant(County) $208,000 Total Currefit Incentives ly Provided $208,000 Wi- -6d"I Mir Item# Description Estimated Cost Comments/Notes Company leases office space, so no impact fees I Subsidize County Impact Fees $0 were paid. Finance Impact Fees on More I Company leases office space, so no impact fees 2 'Favorable Terms $0 were paid, therefore, no savings would be realized through financing fees. 3 Waive or Subsidize Development $0 Company leases office space, so no development Fees fees were paid. 4 Subsidize Water&Sewer $25 Service fee of$25. No meter install fee charged as Connection Charges company leased in existing building. Infrastructure Improvement No known infrastructure improvements were 5 Program $0 funded by the employer that would have been applicable to this incentive. Increase Bonus in Local Jobs This is based upon a 50% bonus for the EZ 6 Grant Program for Enterprise $83,200 compared to the current 10%. A 20%bonus would Zone lobs cost$20,800. 7 Waive Local Business Tax for $200 This estimated assumes a 5-year period. A 3-year I jLimited Period waiver would equal$120($40/yr.) 8 Waive Franchise Fees in $6,861 Based upon estimated electric consumption for a Enterprise Zone 10,000 sq.ft. office building for 5 years Total Possible New Incentives $90,286 F:\BudgetVason\Econornic Develo prn ent\Enterp rise Zone Additional IncentiAnCtOftl Xl1X 21/201 Possible New Incentives for the Enterprise Zone Analysis of Potential Costs for Previous Local Jobs Grant Recipients Il Communications Company NameInt'1 Comments/Notes I Estimated New Jobs(full-time) 12 Expansion of existing business in County 'canenf lncentives'A if lable/Previously°Priivide Existing Incentive/Funding Agency Estimated Cost Comments/Notes I I Local Jobs Grant(County) $68,000 Total Current Incentives $68,000 Avail able/Previously Provided • .....,.,tea::. v.• yA. Poss_ible:New.-lncer�.fa.ves;.-Est/matedlm_pact; 4 Item# I Description Estimated Cost Comments/Notes 1 Subsidize County Impact Fees $0 Company continued to use existing facilities, so no s Impact fees were paid. i Company continued to use existing facilities, so no 2 I Finance Impact Fees on More Favorable Terms $0 impact fees were paid. Therefore, no savings from financing impact fees 3 Waive or Subsidize Development $0 Company continued to use existing facilities, so no Fees _ development fees were paid. 4 !Subsidize Water&Sewer $0 Company continued to use existing facilities, so no _ I Connection Charges water connection fees were paid. Infrastructure Improvement No known infrastructure improvements were 5 Program $0 funded by the employer that would have been applicable to this incentive. l Increase Bonus in Local Jobs This is based upon a 50% bonus for the EZ 6 I Grant Program for Enterprise $27,200 compared to the current 10%. A 20% bonus would lZoneJobs cost$6,800. 7 Waive Local Business Tax for $200 This estimated assumes a 5-year period. A 3-year Limited Period waiver would equal $120($40/yr.) Waive Franchise Fees in Based upon estimated electric consumption for a 8 Enterprise Zone $6,861 10,000 sq.ft. office building for 5 years Total Possible New Incentives $34,261 F:\Budget\lason\Economic Development\Enterprise Zone Additional Incentive"Arral sXl .xlsx 21/Z1 EMERGENCY ITEM 14.A.1 October 13, 2015 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 8, 2015 SUBJECT: Roseland Community Building; 12925 83rd Avenue FROM: Wesley S. Davis Commissioner District 1 I kindly'request your consideration in discussing structural repairs and protecting the historic building known as the Roseland Community Building, located at the Riverfront Park, 12925 831d Avenue, Roseland, Florida. Attachment: Email from Ruth Stanbridge aSo -,q_i i Wesley S. Davis i From: I Ruth Stanbridge <stanbr@aol com> Sent: Thursday, October 08, 2015 6:54 AM To: i Wesley S.-Davis Cc: I Verna Moreira, Inc. Indian River Historical Society Subject: Roseland Woman Club Wesley, I gave a talk at t e Roseland Club yesterday and found the building is sinking even more than it was when we were all there for the Roseland Marker dedication. Those women are not happy and I don't blame them. The structural engineer we all talked about never came -the grant opportunity the Historical Society had to help the Club (and the County) has come and gone. The County needs to protect and protect the integrity of that historic building- the bandaid approach won't work anymore. The Society is still available to consult on restoration but unfortunately grant monies are not. Wesley, please contact Verna Moreira who is president-they really need your help. Thank you, Ruth P.S. You may get a call from the P/J -the press was there! Sent from my iPad i �pp _ A_i .4nier en -4--teeg Wesley S. Davis IRC Board of County Commissioners Chairman District 1 Q G u�► ROSELAND - COMMUNITY BUILDING Roseland Women's Club 12973. 8_3"dAvenue Roseland, FL January 1953 — building of powder room began, replaces outhouse January 1953 - remodeling of kitchen--began March 7,. 1957 — concrete block addition to building with a larger kitchen December 18, 1958 — porch addition January 19, 1959 - Indian River County Commissioner appointed R.W.C. custodians of building and park grounds surrounding same. April 23, 1959 — Roseland Community Building dedicated to Daisy Webb Johnson November 19, 1959 — new window in powder room, roof leaks repaired March 3,, 1960 — seeking to secure new roof, leaks jeopardizing ceiling February 1992 — 11 aluminum windows replacing wood windows 1996 — building renovated with AC and heat added Many fundraisers were held to pay for above costs — while donating to various local, state and federal charities. Present — this building serves community — groups scheduled regularly: Alzheimers/Parkinsons — AA groups — Yoga groups — a meditation group — a music group as well as Roseland Women's Club. Annual rummage sale - only fundraiser — proceeds donated to local charities, and other donations throughout each year. N ov 0 n 3 .� November_14, 1921_ - Roseland Civic League formed for impro_vemen_t_o_ f_ Roseland.-- February 8, 1922 — men accepted as associate members May 1922 — road work paid for by this organization March 1, 1923 — name changed to Roseland Women's Club (R.W.C.) 1927 — Roseland district Commissioners gave permission to build on park land, as no one could buy because property laid out for Park purposes March 1927 — building began — underpinnings from old railroad bridge, donated by Andrew Rass. 1929 — building completed and Park land cleared 1927-1929 — R.W.C. paid for first village telephone in Roseland Post Office 1928/1929 — safety marker at railroad crossing paid for by R.W.C. 1935 — building rentals began for various organizations 1942 — underpinning of building repaired January 2, 1947 — repairs to water pipes April 7,, 1947 — outside of building painted white by local residents 1949 — R.W.C. started community lending library in building 1949 — R.W.C. paid for new dock built behind community building o Z � c OR-IGINAL - -ROSELAND COMMUNITY BUILDING ........ . ..... • ...'FFG-{;.,[�,r�,/'V,r{^l ifl ..Y..t4f:.. 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'"vp •l' .}� t �r}��.� s k�.0�'�4f/d! �r ...p'�..� _1r •1 . y '• + • +far {' +r. �1 � • � � `^: �i,.�.`' :. �h 1.+ •MAT u &Alppri t y�Y� 1 i •��c�4`w�i .f. � � •, � r '.'••mow r'� ._ July 19, 2015 COPY OF LETTER SENT TO IRC Dear Ladies and Gentlemen: The sinking of the Roseland Community Building was discussed following the historical marker dedication on April 22, 2015. As custodians of this building, the Roseland Women's Club is requesting a complete inspection of this building to see what can be done to restore / renovate / rebuild. Some of the structural issues are: • Stabilization of the entire structure; arresting sinking of the deteriorating under structure • Splitting of building where concrete block meets wooden structure also patched • Rotting of the roof; holes in roof • Insulation hanging from beneath building • Sagging windows • Wood floor previously cut around perimeter of room is now uneven, rotted portions patched • The original full front porch was never replaced; instead 2 awnings were installed The importance of this building to this community has been acknowledged. There are many groups that use this facility on a regular scheduled basis, as well as occasional use for showers, parties, etc. The Roseland Women's Club, with the help of maintenance by Facilities Management, has done its best to keep this building functioning as well as possible. We understand that there are budget restrictions that come into play, however, the time has come to take an aggressive approach to restore / renovate / rebuild this historical structure so it does not deteriorate any further and be lost. Thank you for your attention in this matter and we hope to hear from you soon. Sincerely, Verna Moreira, President Co Roseland Women's Club 6 NOTICE AREA BENEATH- DOOR ON ORIGINAL--B-UI•LDING-THE BUILDING PRESENTLY SHOWS SINKING IN COMPARISON UbLLAWD �'. •�. 4 �-� r. � t .rye ; r 1 " — __ 60M f,.;,t t Si�: ,u{.d, x��'M6t�!!"'�'�' f'�1•rP,^�1 t9.,` N� �'� tir i .�^,�ry.'��%'�Q1rI� js,, �,�, �;h�!'�.j,�", '.y� y�' y'�'h'•q ltls\ot 1 *� � - •.. . .._ :_.. '�" `" ,!,syi�e�P'1.,�,;/.j ��;'ad::.s.�,;.:�('e; �S 4���„,-,...'C''St�,.•,`�'.:.",•,p. ,. +� , y .._ �-� -- . "rew �i l ���,,{�.�� u'•�''' ,j �f�1:r^..":..�..J.1 d.. ._-,. � - Ini�� (�y �r�w �i:x. '�'�, � J. I,aw :i r.. x' �"T. *.^'2,.-::�itF?,'.t”" "647...'1', � 4�. �"r'•` w y. Y �.kr r ���. 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'-ry'`,n., •. •i/, , �. ��`�,���. T"r. ��I ,�+�. ��. =1C'(�m b�7l�,'`r d`Y r.� � �•. ., �, ,,... .� r(' 1 / t `��� i, p4 9 i�f 1.[JY�',: my � ��� �i p/�er,, •.�,N h 17 t. / , o -� - -------UNVEILING OF HISTORICAL MARKER April 22, 2015 1.6 Ell tli +i6 1]����.t7Q'j4i, �'tY• i'�•. _..yr .N''t�� .J � '� �Yah •� '�� �a�"'t}g�;a:X41 '���,F �':(�? • 1 l �r r t ,t i ta�Y '"M1a71 .y�Maw- Mrd iel; �•,A', • ,A .'��t•1•i $.fit i � }, {�� jp�:i:���J� ;�� 11--,�,����iyy�jt �,t- srk. ]�:� ,r..u•}'a'�r'�?:a. .s';,? �k �7;�t ik `�t�t 4�r( �% �Lu� ,,,;Z.�.�1;c!'':.('(u i��, �f;�.�. ;,� `r.•:�.��t`,•"', 4� .1" 4,;:f�r�;. "v'� i ;1��yI/ + k�'r,i'y¢.,M;� ''� ''�."t`•'�•'::'.T:,• �)))) q1r 1:..fa �F, .Rir!"/rte'♦ �.EyY.,:'..• .,.n:t'r, .}.. :1 j-�C"'t"�i...(r`'�8;1('��$��1}���u���1�}� �Y��f:N,�`n`�"+:%••.�'�t,��i �T�1r1�YJJf D'� �'6. _ ...u:+•�.".i>.17da1�:.la.Jl.aSiLA:11CLy.�.L ...1.:. +,Siiu.1�.,�R3�cKtw L•xi,�Sy'y�.f'� ..•.. .,c�`�J• C' ��r•. .. _ ...... U, I 0 15 ao 14,A - ..-ROSE LAND. M -BUILDING -,co MUN:ITY ----�-Roseljnd Womi "ekh.- 'i-dub- d -j 12913-1-831 , AvOinue ia� d FL 1, 0.� Rds6 n November 14,1921-Roseland Civic League formed for improvement of Roseland. February 8,1922—men accepted as associate members May 1922—road work paid for by this organization March 1 1923—name changed to Roseland Women's Club(R.W.C.) 1927—�oseland district Commissioners gave permission to build on park land,as no one could buy because property laid out for Park purposes March 1927—building began—underpinnings from old railroad bridge,donated by Andrew Rass. 1929—building completed and Park land cleared 1927-1929—R.W.C.paid for first village telephone in Roseland Post Office 1928/1929—safety marker at railroad crossing paid for by R.W.C. 1935—building rentals began for various organizations 1942—underpinning of building repaired January 2.1947—repairs to water pipes April 7,1947—outside of building painted white by local residents 1949—R.W.C.started community lending library in building 1949—R.W.C.paid for new dock built behind community building 2 a?O,6- 10/15/2015 January 1953—building of powder room began, replaces outhouse i January 1953—remodeling of kitchen began March 7,1957—concrete block addition to building with a larger kitchen December 18,1958—porch addition January 19,1959-Indian River County Commissioner appointed R.W.C.custodians of building and park grounds surrounding same. i April 23,1959—Roseland Community Building dedicated to Daisy Webb Johnson November 19,1959—new window in powder room,roof leaks repaired March 3,1960—seeking to secure new roof,leaks jeopardizing ceiling February 1992—11 aluminum windows replacing wood windows 1996—building renovated with AC and heat added Many fundraisers were held to pay for above costs—while donating to various local,state and federal charities. Present—this building serves community—groups scheduled regularly: Alzheimers/Parkinsons—AA groups—Yoga groups—a meditation group—a music group as well as Roseland Women's Club. Annual rummage sale-only fundraiser—proceeds donated to local charities,and ` other donations throughout each year. 3 i I ORIGINAL ROSELAND COMMUNITY BUILDING P ."'.,T.4����� 1-,`k�•r». �t�y.'S�t .T.,.Zt+�p3.�e�F.'` s.''.'..„,.�..-'r -a•," .�- «v"�'a,-�`�.�y l:;�+�lr�y✓9. C�'ir ""7"�.'�4'"!',,x°"—'�"? 11r�.,As2� .`�'�i'3 :.'S.!.a.. "4."' s^'uo�o-z'�,'a._y'�4[j:`=_+v;-S aeli'YT.. Y=+'",�,.(^'i,y�Jq•,_ I 1 4 I 2 10/15/2015 ROSELAND COMMUNITY BUILDING - 2015 - i 'COMMUNITY SL'GG 5 July 19,2015 COPY OF LETTER SENT TO IRC Dear Ladies and Gentlemen- The sinking of the Roseland Community Building was discussed following the historical marker dedication on April 22,2015. As custodians of this building,the Roseland Women's Club is requesting a complete inspection of this building to see what can be done to restore/renovate/rebuild. Some of the structural issues are: Stabilization of the entire structure;arresting sinking of the deteriorating under structure f : Splitting of building where concrete block meets wooden structure also patched Rotting of the roof;holes in roof Insulation hanging from beneath building • Saggingwindows • Wood floor previously cut around perimeter of room is now uneven,rotted portions patched • The original full front porch was never replaced,instead 2 awnings were installed I The importance of this building to this community has been acknowledged. There are many groups that use this facility on a regular scheduled basis,as well as occasional use for showers,parties,etc. The Roseland Women's Club,with the help of maintenance by Facilities Management,has done its best to keep this building functioning as well as possible. We understand that there are budget restrictions that come into play,however,the time has come to take an aggressive approach to restore/renovate/rebuild this historical structure so it does not deteriorate any further and be lost. Thank you for your attention in this matter and we hope to hear from you soon. Sincerely, Verna Moreira,President Roseland Women's Club 6 I acv- 6-3 10/15/2015 NOTICE AREA BENEATH DOOR ON ORIGINAL BUILDING i THE BUILDING PRESENTLY SHOWS SINKING IN COMPARISON g ���3. Rs�.,may:��'• E '`• I;.....- •+�Sr -�'y'r3,<�S �r�Y��f� '^Syi:i'U�y .�. "... �..._. .. WOODEN SECTION SEPARATING FROM CONCRETE BLOCK SECTION- PATCHED NEW + 4'r..: _ �'S•-moi g�� x aw+g � �1 3 y�.`��reT..�wa._-.,e„•,�' ,.,......�[.y� -_ 'A kii •-.;.�^- 8 I �$� 3. 4 10/15/2015 ROTTING OF ROOF - HOLES IN ROOF 3 roofs— wooden portion, concrete block, bathroom INSULATION HANGING FROM BENEATH BUILDING 10 apo 5 10/15/2015 SAGGING WINDOWS g , tet G:. k;k• a' u WHEN ORIGINAL FRONT PORCH REMOVED 2 awnings installed I 12 1 aB0 B 6 10/15/2015 l WOOD FLOOR CUT ON SIDE OF BUILDING THAT IS SINKING MM Av ;fie ,;�;,,,::". �z�.�•;ti, � ��,,, �`` 13 I I I PIER ON SAN SEBASTIAN RIVER Behind Roseland Community Building 14 I ORO Q• 7 10/15/2015 UNVEILING OF HISTORICAL MARKER April 22, 2015 Wr 15 6.8 DISTRICT INDIAN RIVER COUNTY, FLORIDA SIS MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Joseph A. Baird, County Administrator i THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE October 5, 2015 I SUBJECT: Approval of Work Order No.l for Fire-Rescue Station#7(1893 901'Avenue) It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners. DESCRIPTION: Staff islrecommendin approval of Work Order No.l as attached to continue with the installation g PPand design process of the modular building for Fire Station #7. Continuing with the Board approved Professional Design/Build Services Agreement with Barth Construction; the attached summary outlines costs of$32,289.00. 1 FUNDING: ITEM f I Amount Account Number Station;#1 Renovation Construction 1 $32,289.00 11412022-066290-15020 Funding is to be derived from Emergency Services District budget. I RECOMMENDATION: Staff recommends approval of Work Order No.l for the modular building for Fire Station #7. PP g ATTACHMENTS: Work Order#1 I 281 APPROVED FOR AGENDA Indian River County Ap d Date Administrator id 6 FOR: October 13, 2015 Legal Budget BY: • Risk Management tp•o7-t Jo eph A. Baird Department County Administrator ' I i i i 282 ��rux; 5 •` ' Indian River County Emergency Services District Board of Commissioners 4225 43rd Avenue Vero Beach,Florida 32960 Telephone: (772)226-3900 FAX: 772-567-9323 Project: Fire Station? Modular, 1893 90th Avenue Design and Preconstruction Emergency Services District AMENDED WORK ORDER NO. 1 FOR DESIGN/BUILD AGREEMENT PHASE IV WITH Barth Construction, Inc: I This Work Order _No. 1 is in accordance with the existing DESIGN/BUILD AGREEMENT PHASE I.dated December 6; 2012 between Barth .Construction, Inc (Design/Builder) and Indian River County (County). SECTION' I — PROJECT LIMITS 1 ' This Work Order No. 1 outlines for the Design/Builder to perform in connection with design, and preconstruction work and related design for a temporary modular building. SECTION II - SCOPE OF SERVICES As agreed upon between Design/Builder and County, that the Design/Builder shall provide design services to obtain and Indian River County Temporary Use Permit. Additional services include; • SiIte preparation and pad construction for modular delivery. • Civil design and permitting. • Soil borings and reports as required. The proposal from the Design/Builder is attached to this work order and incorporated herein.. I i f - ' 1 283 i IRCESD Work Order No. 1 Barth Construction, Inc Fire Station Modular 7 October 13,2015 Page 2 of 3 SECTION III —TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. i he Design/Builder shall provide the County: a. Proposed civil designs. b. Work Product and digital versions are to prepared and submitted so that the County or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third-party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of the County. 1 SECT IO IV— COMPENSATION The County agrees to pay, and the Design/Builder agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 1, for a total amount'of$32,289.00 Any additional services not described hereon shall be pre-approved by the County. J All invoicing-shall include itemized costs and materials expended to complete the Work. Payments shall be in-accordance with the original Agreement dated December 6, 2012. 1. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein 1 - I I i. 1 2 284 i IRCESD Work Order No. 1 Barth Construction, Inc Fire Station Modular 7 October 13,2015 Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed these presents this 13th day of October, 2015. OWNER: DESIGN/BUILDER: BOARD OF COUNTY COIII MISSIONERS BARTH CONSTRUCTION, INC INDIAN RIVER COUNTY, FLORIDA Si nature ( 9 ) .,"(Signature) Wesley S. Davis, Chairman Jason Fykes' Project Manager Approved by BCC ATTEST: Jeffrey R. Smith, Comptroller and Clerk of Circuit Court Witnessed by: Deputy Clerk .(Signature) i Approved as to Form and-Legal Suffic' ncy: t illiam K'. DeBraal (Printed name) Deputy County Attorney ph Baird/se unty Administrator I f ' 3 285 1 911BARTH Construction,Inc. I I General Contractor ntractor CGCO07847 September 0,2015 John King) Indian River County Emergency Services 4225 43 rd Avenue Vero Bea i,Florida,32960 Re:Station #7-Temporary Site Mr.King, i We are pleased to present to you our proposal for the design and preconstruction work for the Station#7 temporary site in the amount of$32,289.00. This proposal includes design services to obtain an IRC Temporary Use Permit for the site.Also included is the cost to prepare the site and take delivery of the new modular unit.The balance of the construction costs including all grading,paving and connection of all utilities will be included in a forthcoming proposal. This proposal is further clarified on the attached. Thank you I Jason Fykes Barth Constniction,Inc. i I 1717 Indian River Boulevard*Suite 202A*Vero Beach,Florida 32960 Phone: (772)778-3072*Fax: (772)770-3017 E-mail:infonubarthconstruction.com*Internet:www,bartliconstruction.com F:\Projects\IRC Fire Stations 2011 Wire Station#71Fue Station#7 SIte pLan Proposa19.30.15.docx 286 00 N 91kBARTH Construction,Inc. PROGRAMMING,BUILDING CODE&DESIGN REVIEW, and PRECONSTRUCTIONS SERVICES Project:Indian River County EMS Fire Station#7-Site Plan months 0 wks .. ........: bor. ::1VIat'...t:.. ..C.t6DE' r DESCRIPTION' :.:..: T1' L7N1 i:.;;a3iilf '' "'ZABOR`::..'.<' -•fluff MhTERIAIS ''`; .:.5 ladndea , '.�:'1Vo?a::.,.... .:,.BID:;: .;•;;.� ..."•Tax f7%)'�'. .. .r.. Deis Builder Design Build Executive Phil Barth 2 His 1S0 300' 0 :.::.-.` : - "0' 0 `..`..::' EsdInator/Pro'ect manager Jason F kes 80 Hts 100 000' 0 0'•` 0 :, 8000 Su erinteaden 8 Hrs 75 600' 0 !:.`;':.: =:".0' 0 ..:........::.. Clerical 28 Hr' 45 1'260 0 ,. .....: a 0 :.._.................:.....,..1260 ,...... ..................... . .... Architectural,MEP&Struct Services -. Proammin Sco a Dat 1 LS Schematic Design Phas 1 LS :. .,....:.:: :....`... ...."';; 0 ..:............. Design DevelomentPhes 1 LS 1 LS ;.... :.:..............•. :... 0 1I LS ;.,.... ........ .:0 Civil Desi &Permitin 1 LS '-.':::. - 0 :.:..;,;:.0 11950 Landscape&Irrigation Design 1 1 LS :: ` 0 .0 Sq--Byqq--By Owner LS -:: 0 0: ,..........:::..'.:•...::0 Soil Borings/Foundation Report 1 I LS 1 0 :' 1650 : FPL Deisgn&Fees LS 1 00; 738 :.`;. ..,.." :,;::• :..:`738 Forensic Demolition 1 L5 0 :................:.a 0 r................. •.:.,..... ....,';0 Document Reproduction/Printing 600 ea :.::;.' :0' 1 '250 0 268 Miscellaneous IBuilding Pad for Trailer l LS '::. .-' 0 0 ': 0 7523 ;:;. "'::"'"'--'-7573 Contin 10% total 0 p:. 0 ,;, >•;:':`.'::.: 0': ;:: ..:., .10 Davis Bacon Compliance ;....,.: r'otat. = DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director of Emergency Services FROMI Brian Burkeen Assistant Chief 6b DATE) September 29, 2015 p SUBJECT: Approval of Work Order No. 2 for Renovations on Fire Rescue Station #1 (1500 Old Dixie) It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners. DESCRIPTION: On Decel mber 16, 2014, the BCC approved Work Order No. 1 which provided for a scope of work PP p p k for the renovation construction for Fire Station. Attached is Work Order No. 2 which details the demolition and construction for the renovation process of Fire Station #I Continuing with the Board approved Professional Design/Build Services Agreement with Barth Construction; the attached summary outlines costs of$1,307,892.00 gross maximum price. FUNDING: I ITEM ' Amount Account Number Station#1 Renovation Construction 1 $1,307,892.00 11412022-066510-15007 i The Station 1 Renovation/Construction project was previously budgeted for$750,000. Additional funding($750,000)is available from Emergency Services District Reserves for a total revised budget of$1,500,000. RECOMMENDATION: Staff recommends approval of the Work Order No. 2 for Fire Station #1. ATTACHMENTS: GMP from Barth Construction, Inc. Work Oder#2 288 APPROVED FOR AGENDA Indian River County AKroved Date Administrator FOR: October 13, 2015 Legal a-7- Budget 10 BY: A Risk Management Jo eph A. Baird Department County Administrator I i I i i 289 i Indian River County Emergency Services District Board of Commissioners 4225 43" Avenue Vero Beach,Florida 32960 Telephone: (772) 226-3900 FAX: 772-567-9323 Project: Fire Station 1, 1500 Old Dixie Site Work, Preparation and Improvements Emergency Services District WORK ORDER NO. 2 FOR DESIGN/BUILD AGREEMENT - I PHASE IV WITH Barth Construction, Inc. f This Work Order No. 2 adds additional scope of work to Work Order No. 1 dated December 16, 2014, is�-in accordance with the existing DESIGN/BUILD AGREEMENT PHASE .I dated December 6, 2012 between Barth Construction, Inc (Design/Builder) and Indian River County (County)! Work Order No. 2 agre'em'ent is as follows: SECTION I — PROJECT LIMITS This Work Order No. 2 includes tasks and services for the Design/Builder to perform in connection with demolition and construction of the existing building. i SECTION II - SCOPE OF SERVICES As agreed upon between Design/Builder and County, that the Design/Builder shall provide all engineering, architectural and construction services to complete all tasks as outlined in Work Order No. 2 specifically detailed in the attached proposal. The additional services include; • Demolition of existing interior finishes on both the living and working sides of the station building. • Minor structural enhancements to bring the structure into compliance with current building codes. i • Two new storefront entrance doors and one new exterior window • Three new HVAC systems including new metal ductwork. • New interior partitions, walls, floor and ceiling finishes. ® New interior layout, finishes and equipment will generally match those .provided and installed at the recently completed Station 13. t 1 290 IRCESD Work Order No.2 Barth Construction, Inc Fire Station 11 October 6,2015 Page 2 of 3 • Removal of the planter walls and fill adjacent to exterior walls, patch stucco as required a1 d new paint on the exterior of the building. • New roof on both the flat and sloped roof. SECTION III —TIME.FOR COMPLETION & DELIVERABLESNVORK PRODUCT 1. The Design/Builder shall provide the County: a!lWork Product and digital versions are to prepared and submitted so that the County ! or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third-party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of the County. 2. The services shall be completed by the Design/Builder and delivered to the county within 180 days for notice to commence. 1 SECTION IV — COMPENSATION The County agrees to pay, and the Design/Builder agrees to accept, 'for the above described services rendered as identified in Sections I, 11, and III of this Amended.Work Order No. 1, for a total amount of$1,307,892.00 Any additional services not described hereon shall be pre-approved by the County. All invoicing shall include itemized costs and materials expended to complete the Work. Payment) shall be in accordance with the original Agreement dated December 6, 2012. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. i 2 291 i IRCESD Work Order No 2 Barth Construction, Inc Fire Station 11 October 6,2015 Page 3 of 3 IN WITNESS WHEREOF the parties hereto have executed these presents this 13th day of ` October) 2015. OWNERI DESIGN/BUILDER: BOARD iOF COUNTY COMMISSIONERS BARTH CONSTRUCTION, INC INDIAN (RIVER COUNTY, FLORIDA 1 (Signature) r (Si nature) WesleyS. Davis, Chairman ' Jason Fyk s Project Manager Approved by BCC ATTEST;: Jeffrey R. Smith, Comptroller and Clerk of Circuit Court Witnessed by: f Deputy Clerk (Signature) Approve' as to Form and Legal ufficiency: YL illiam K. bgBr5al ' (Printed name) Deputy County Attorney YJosep A. Baird ount AI dministrator I f 3 292 i 911BARTH Construction,Inc. 4 I General Contractor CGCO07847 September 25 2015 John King Indian River County Emergency Services 4225 43 id Avenue Vero Be ach,.Florida,32960 Re: Station# 1 Renovation Mr.Kin i We are pleased to present to you our proposal for the renovation of the Fire Station#1 site in the amount of $1,307,892.00 The proposal is based upon the plan set dated September 11,2015 prepared by EDB Architects.The scope is generally'describe as; demolition of existing interior finishes on both the living and working sides of the station building. riunor structural enhancements to bring the structure into compliance with current building codes. 2 new storefront entrance doors and 1 new exterior window 3!new HVAC systems including new metal duct work new interior partitions,walls, floor and ceiling finishes the new interior layout,finishes and equipment will generally match those provided and installed at the recently completed Station#13. removal of the planter wallsand fill adjacent to exterior walls,patch stucco as required and new paint on exterior of building new roof on both the flat and sloped roofs. Please refer to the attached for further break down of the costs. Thank you - t i I Jason Fykes Barth Coinstruction,Inc. 1 r 1717 Indian River Boulevard*Suite 202A*Vero Beach,Florida 32960 Phone:(772)778-3072*Fax:(772)770-3017 E-mail:infoCdtbarthconstruction.com*Internet:www.barthconstruction.com FAProjectslIRC Fire Stations 20111Station#1\Fire Station 13 GMP letter 9.28 15.doc 243 o� N I.R.C. Fire Station # 1 180 DAYS Sq.Footage 7,876 Estimate 26 WEEKS 6 Months 3:1'11 'Y'jn ',f f' •{5 1 f a Y a �y;r� ''�' �, .�j�;-,yf p .v.. .., r �. �.+ ra, i •� d,�� iCDSt��'Qde E f. en ih v ' h 1!: ' .� :al i 1010 FAuipment Rental 1013 Crane Rental * - - - 7..700 Project M ement " - - " 0' . * 78,000 :.,.78;000:.. �... .. 9:90 1020 Field Supervision O * 52,000 1030 Trailer Rental i A * 2,800 - :....2'8.00. 0.36 1031 Temp.Water By Owner - - -'0'.00 1032 Temp. Power By OwnerMEN ry , s, 0.00 1033 Telephone r p * - 450 - 45T 0.06 1034 Tem orary Toilet M. ; * - 800 - 500: :::.... .... . 0:10 1037 Tem .Road Access ai+ * - - - - 0:00 1038 IPKoject Sign 500 - "590 0:0.6 1039 Te=orary Fence * - 500 - 500 0.06 1040 Field Office Supp. ' • - 50 - 50' - 0:0.1 ' 1050 T=P.Protection '., " Iq 1,750 - f 750'`' = 0'.22 1058 IFirst Aid * - 50 - SOi::... '' 0:01 1059 SafetyESM 29,; * - 250 - } 25.Qi;... ......'.. 0c03 1060 JPrinting/Postage "., 's. * - 1,500 - ISO.Or 0:19 1061 IMoving&Stora a 2,500 2;500 :' 0.32 ............. . 1070 IPhotography '� 6 * - 50 - 50'''... . . .... 0.01 1090 Payroll B&B 0:0.0 Architectural Fees Part II ? " * - - 14,500 - '14' 00 1.84 Architectural Reimburables * - 500 500" 0'.06 Civil Engineering Part II - - - •'0:00 1120 Soil Testing °' * - 750 - ""75Q 1125 Concrete Testing * 1,250 - 1` 50 :0:16 1130 Su v vehicle 1133 Sm Tools/Supplies * - 2,000 - 2'000' 0:25 1138 Owned Equipment * - - - ....: --0.0G 1140 [Housekeeping LaborIN spll * - 3,500 1142 Final CI qa' ,: * - 2,500 0:32 1158 Solid Waste Empact Fee t 0'.00 Electrical Engineering im, ROM * - _ - .::, .... . ' .'0:00 1200 Survqring Carter ... 3,500 �.'. 3;SOQ : 0.44 —1205—Layout— — -- - --' - ---- --- 0:00 -- 1250 Common Laborp' * - 3,500 - 3 50Q 0;44 1260 Dump Charges ,` A_ { * - 7000 - ?;OO.Q '0;89 1273 As Builts q * - - _ .0.00 1 1 :1 1 11 mo 1 I 1 ^ :.N.' ,,�" ;,rtn � ^,dT. f(; .*'m"?�!t .rw,..•�:c Fn:^'t'^ •1'�,-,�,.i�v't.�,�'.:••''.>n�I.ene!;'..lu,i^F!-;>rfY,.•�r:.tc:l,�.,rw",{\{,',•/;i�,;,•��L1,�•r•).1:,�i.'.n1c..�..����WFII•n:'js--•.{..7!.R.n.•!�:ri..r+..'.}'�T�..7E.li."a.:...ru"rtc:_.!..•1r:.c_:::rvd7n}•ri..•••.'af'�l•..:a�tY:i:•"^a.,`i:��!,'.1A"•,�Y.:•..r.!i k"!'?..1".�,,n�.:;'',,r..rl:/.7i.L"iti1�saF••i.!�.,...�1:�3i�•'i;F•6sAR.5,...r:.,';•v:.=;t.-,!J1�-tk::?i..{..•:,f..pr.gi{.'na�.'.+nc.�•uk;M1$:.',:-.sG,'l''1.0c:'•,::•ikrnut.,V_i:n<..:..,.r.rfr!��:,:-•:'!:.P�,1'r.1htr..,,.•-,n..1IiYi1:•.f°e"'..vl^,..rr,�,7.1.:"'H..'v^`.:,r1�,'�r,•,.4.(:r^,.i..i4�'jIi S:t.n�..,�'",3..•5..�•Ji 3-13 /Wil ,:GL.p.,:rv{.'�'^rL:.T�nr-,4,^t(!�;..ry!.:t::C;•3,•.!.�1^'m?.d.'�kr.r"..•�`0J}..,y,„:.n:('J,1 t,h..:....7z.,"�ia+•-!!.,1"�i�?d^frd}.�t`•l.�it%'?�1ti.+'•.,;'f7•�{fl,.:•^�_�:'•'�++''Nr"S8t:":1'r.F.)'T,,I,?!fL1;•.•!.'��..a,..L,,:r.t•'`.:....J`..o:u,.f s'4<,.'r"j:I''r>:..r.a•.^�i_I,.3.'?:';1 F!.`,",'!."J.,!f..:1'rIyy'•ai.. ;•.0PJ,,M.rLy:•v�'a.vvtr.r a h Ur. f�.Tr"•: L"r'•r,i,F, cyA,o x°t r ..,. a �•.IL.:4L,;�r;:..:. �cL'.:�.�u:�.`uat �:a_•?'s �.,..n: {, �e Y I !�"-•; �� r rl, �j �• .7t }) A,;,:,, d+�.'G:"+' i{ u.t'� v,{�/ (: ;f.e '4. .+i...�i�m;,'a�a.�,•.'.t ..o•.".•,G`;%�tr:�n.o'•1Y�'f:i'ti:}K{.y.! �•Lr, �4t�..5['�..�.� '� rr L,�yt� ,I�f.., ay:!I rt��!li;r.� ,.r...` ik,.1..1:.'.L:.,L'!.tL:y^:. ::Y•. ;. �y}�i� momm 11 Y: 1 11 DovelopmentL.N.•% :'!i1':'!.kr hX�ti Tr.'!� 1 11 -❑'3j:,',ih�:'F7 s?;ail�N??`�•°�''�':h�© 0 01 Gut -_ �.r11• ■• 3(i-- Out/Plumb CN:'�4*r�}n�'ti 1{y f^••• •I w •f �il•tp.aAM��lI•%�.n+��{I I�h© 1 111 1 P06 -__ •I {l��li'.^14!'a:?����7�y.y`��IdlY;i© 11 1 1 1 -_ Y•'`!at..°I^''S1_2Y'•i'�4s�1�•i:�rfi:i�::© 0 01 9�Y!t'p sr• wig- -- Porch ... 1 -- ` '' 'tl:'1~ I IiL''J© 111 i 11 ► -- ��,17�•';�7i��j��© eel 1• 1Masonry •I■ • iiayh�!'>. 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'0;00 ...:..... ...... ... 08300 O.H Collin Doors no motors on App Bay Doors 1 * 18,000 I8000 2:29 08400 Entrances&Storefronts Vero Glass 0 * 4,000 .".:'',.;r'i-4'0001. 1: 0852o Aluminum Windows veno Glass 08700 Finish Hardware TQS * 5,800 08800 Glass&Glazin Mirrors Vero Glass * 750 750 09100 Stucco * 9,900 '._ i'= 9 ,pQ•`,`- :.w."% f 26 09230 Cement Backer Board by claywn * ..-.0;00 09250 Drywall Clayton * 63,900 FRP Panels @ RR Ceilings • '' ' ` <0:00 09300 Ceramic Tile Classic Floors 45,200 09510 Acoustical ceilings Accurate Acoustics + 13,890 "' `>13800 :'.`.:'•Z76 09624 Resilient Rubber Flooring Workout Room * 12,300 '• I2;30F3 '' :,:..•.'"i;.T:56 09900 Painting * 31,500 ' '%33;500,x`':=''"' 400 Apparatus Bay Painting 3,760 37tiQ;:''"`" -: '^:<Oi48 09986 Sanitary Ceiling Panels Marble Sills ;: .`.;;;:'•:':...:, ,,,:. .`.0:00 Cultured Marble Showers&Vanity Tops 9,200 Shower membrane * ";:;;' 0.00 -- — -- - - 10155 Toilet Partitions - -— - - - Descon —" 7,02S -'- 7,02 S%;..`... . ..: ;0:89 10260 Corner Guards Descon * 2,790 .9.© ' <` •' 0:35 10440 Special Si + '001 � 1 :'fi.••l'il�.r :. ate:�''I!c!,r ^m;l -.li'.'ry.,gcs•�n ie"�'°:,i�!*,''7�i1'7'�" .•r 1 i+:,+ ?I...pP��, + ,q •da. �� �i I�••��°`�t r ii, .r.ti. ..,n.��,�5 � t t�r r I'S +�'+ �. .,�"..�.n. rJ�'.4�i,.1 :� t Lq� ,a..�. fir::A..,f�.J?�•,;.,r �r ;,� � r��'d;.r ,� �J ? ,r. 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DISTRICT �p INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of County Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director Department of Emer e cy ervices FROM': Brian Burkeen, Assistant Chief DATE: September 28, 2015 SUB ICT: Radio System Upgrade Purchase for Fire-Rescue Hand-Held Radios It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: In 1995 Indian River County began developing a county wide radio system that could be utilized by all county entities. The system went live in 1996 and the majority of the original equipment distributed is still in use, with maintenance and service support provided by Communications International. New technologies and future FCC mandates for radio interoperability will require an upgrade to both the radio equipment and supporting infrastructure equipment. Emergency Services and the Budget I Department are developing a phased five-year program for the replacement of this equipm Tent. Fire-Rescue hand-held radios are used 24 hours per day and endure much wear and tear while providing intricate elements to carry out the daily operations of the work detail. ALTERNATIVES AND ANALYSIS: The Firr-Rescue Division has been offered an opportunity to purchase all new hand-held radios with the upgraded requirements needed by mandates at a significantly reduced cost. Communications International has offered a one-time only offer for ninety-six (96) new hand- held radios for a total price of$240,000.00, or $2,500.00 per unit. This offer presents a savings of $2,455.00 per radio, and $235,600 total purchase savings if the radios are purchased from another vendor or at a later date. l� 4 298 i FUNDING: Funding) for the replacement of the Fire Rescue hand-held radios is available from Emergency Service' District—Reserve for Contingencies. ITEM, Amount Account Number Hand Held Radios $240,000.00 11412022-066450 RECOMMENDATION: 1 i Staff recommends that the Board of County Commissioners waive the requirement for bids to purchase the replacement radios and authorize the Purchasing Division to issue a Purchase Order to Com i unications International for 96 radios at a total of$240,000.00. ATTACHMENTS: Price quote from Communications International APPROVED FOR AGENDA Indian River Co. A Date FOR: October 13, 2015 Lega Budget V / BY: Dept. Josep FR A. acrd Ris -Mgr (a `/ (� County Administrator i General Svcs. j1 1 211 QUOTATION C1 COMMUNICATIONS INTERNATIONAL Page 112 4450 US Hwy 1 9/2212015 Vero Beach, FL 32962 Date Voice. 7172.569 5355 Fax: 772.794 4248 Quote Number QTE1502032 jwillingham@ask4cii.com Bill To IRC Emergency Services site - IRC Emergency Services-EMS Radio System Manager Emergency Services Dept 4225 43rd Ave Radio Systems Manager Vero Beach,FL,32967-1671 4225 43rd Ave USA I contact VaiwBeach,FL,32967-1561 772-562-2028x3009 I Fax: i Site Number I Description Salesperson Reference IRC130EMS Description I pry List Price Disc% Disc Amt Sale Price Total t Billing XG75 portable scan 96.00 2,500.00 0.00% 0.00 2,500.00 240,000.00 EVXG-PB78Y PORTABLE,XG-75,764- 870M HZ,SCAN,B LK-YEL LIST $1,995.00 MAEV-NPL3R Feature,Max(1024+) System/Groups LIST $0.01 i EV-PL4LI Feature,Single-Key DES Encryption LIST$0.01 1 EV-PRO FEATURE;PROVOICE LIST$250.00 EVXG-NPL4F Feature,P25 PHASE 2 TDMA LIST $250.00 MAEV-PKGPT ,Feature Package,P25 Trunking LIST $1,100.00 1 MAEV-PKGED Feature Package,EDACS Trunking LIST$1,100.00 EV-PA3R BATTERY,LI-ION,2400 MAH LIST $80.00 MAEV-NCH9T CHARGER SINGLE,TRI CHEM LIST$120.00 MAEV-NNCSX Antenna,764-870MHz,1A Wave Whip ` LIST$40.00 MAEV-NHC2G Belt Clip,Standard,P7300 LIST$20.00 TOTAL LIST $4955.0 I 2 per portable Program,Portable S i n 96.00 32.50 100.00% 32.50 0.00 0.00 { I i 1 i 300 QUOTATION J COMMUNICATIONS CINTERNATIONAL 445 US Hwy 1 Page 2/2 Date 9/22/2015 Vero Belach, FL 32962 Voice 7172.569 5355 Fax:772.794 4248 Quote Number OTE1502032 jwillingham@ask4cii.com I Description I Qty List Priceo Disc/o Disc Amt Sale Price Total I Subtotal: 240,000.00 Prices quoted are valid for(30)Days from Document Date. Plus Tax 0.00 Orders may be subject to shipping R handling charges. All warranties are manufacture's warranties. Total Due(USD) 240,000.00 Please complete the details below and fax or email them to us. ❑ Purchase Order Number Please place my order now ❑ Credit Card Name ❑ visa ❑ Mastercard ❑ Bankcard Card No. Exp.Date Signature Cardholder's Name i ❑ Cheque 4450 US Highway 1 Vero Beach,FL,32967,USA By signing this Quotation and/or submitting a purchase order pursuant to this Quotation you acknowledge that you have read and agree to be bound by Communications Int'I.Iric.'s Terms and Conditions of Sale Service and Technical Support. 301 t DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM J TO: Honorable Emergency Services District Board of Commissioners THROUGH: Joseph A. Baird, County Administrator THROUGH: John King, Director of Emergency Services/Fire Chie 1 FROM: Brian Burkeen, Assistant Chief l DATE:I September 29, 2015 '•v 1 p SUBJECT: Approval to Enter Into a Technical Service Support Agreement for Fire- Rescue Division from Physio Control, Inc. It is respectfully requested that the information contained herein be given formal consideration by the Emergency cService District Board of Commissioners. DESCRIPTION: On Septmber 30, 2015, the maintenance agreement for the 13 Physio Control LifePak monitors expired. Fire-Rescue is requesting to enter into a Technical Service Support Agreement to provide ongoing repairs and maintenance for the cardiac equipment. Medtronic Physio Control is a sole source provider for maintenance of this equipment. Attached is a maintenance contract for thirteen(13)cardiac monitors to the maintenance contract. Physio Control Inc. is the vendor for all of the cardiac monitors and AED's within the Fire-Rescue Division. Physio Control Inc. is the manufacturer of the LifePak series of cardiac monitors and defibrillators. The sales and service force from Physio Control Inc. are direct manufacturer representatives. This critical patient care equipment is very technical in nature and the Department of Emergency Services, Fire-Rescue Division must ensure that the equipment is properly maintained and serviced by factory- trainedpersonnel to reduce liability risk. Any malfunction of the Lifepak equipment during life saving operations would jeopardize the assets of the County if litigation should occur. FUNDING: ITEM i Amount Account Number Equipment Maintenance $19,054.00 11412022-034690 Cost of this maintenance contract is$57,161.00 payable over a three(3)year period and is included in the approved FY 2015/2016 budget. I 302 RECOMMENDATION: Staff recommends approval of the Technical cal Services Support Agreement with Physio Control Inc. in the amount of$57,161.00. AT' I HMENTS: Referenced Technical Services - Biomedical Equipment q pment Services Agreement Addendum Sole Source Letter Certificate of Liability APPROVED FOR AGENDA Indian River Co. AyrrbfA Date 1 49— FOR: October 13, 2015 Legal 14 ZOO W4, I Budget BY: � � dip �• �0.7.,� Dept. osep A. Baird !D ? L County Administrator PJA Mgr 10.49 1 7-15 General Svcs. 1 I 303 TE HNICAL SERVICE SUPPORT AGREEMENT Contract Number. End User# 02604703 Bill To 02609708 INDIAN RIVER CTY EMS INDIAN RIVER CTY 4225 43kD AVE 1801 27TH ST VERO BEACH,FL 32967 BLDG A VERO BEACH,FL 32%0 This 3;echnicei Service Sttpport Agreernent begins on 9-30.2015 and expires on 919:2018. The designated Covered Equipment endfor Software is listed on Schedule A.This Technical Service Agreetrtent is subject to the Terms and CotAitions on the reverse side of this document and any Schedule B,iftutached- If any Data Management Support and Upgrade Service is included on Schedule A then this Technical Service Suppoat Agreement is also subject to Physio-Control's Data Management Support and Upgrade Service Terms and Conditions,rev 799-1. Price of coverage specified on Schedule A is $57,161.00 per term,payable in Annual installments. I Special Terms 3%IDISCOUA'T ON ACCESSORIES 15%DISCOUNT ON ALL ELECTRODES Accepted- antrol,Inc. Customer. By: By: Title: �+� Print: Date: Title: Date: Purchase Order Number: Territory Rep: EAVV63 Customer Contact: Darren+ogozzo Chief Cory Richter Phone: Phone: 772-?76-3863 FAX: 1800-772-3340 FAX: I APPROVED AS TO Reference Number: AC-0152 Renewal AN F F I ;e Printed: 10:6:2015 Page 1 of 6 ®Y WfLuAM r-OESIL66AL DEPUTY COUNTY 11f rC RNEY 304 PHYSIO-CONTROL,INC. TECHNICAL SERVICE SUPPORT AGREEMENT TERMS AND CONDITIONS Customer's signature on this Agreement or a valid purchase order referencing this Technical Service Support Agreement is required prior to Physio-Control's acceptance and performance of this Agreement.This Agreement covers only the equipment listed on Schedule A("Covered Equipment").These terms constitute the complete agreement between the parties and they shall govern over anyother documents,including Customer's purchase order These terms may not be revised in any manner without the prior written consent of Physio-Control. SERVICES.The Services provided under this Agreement are set forth on Schedule A.Physio-Control strives,but does not guarantee, to return service calls within two(2)hours and to resolve service issues within twenty-four(24)hours. Following Services, Physio!Control will provide Customer with a written report of actions taken or recommended and identification of any materials replaced or recommended for replacement.The following Services are available and further described as they relate to each specific PhysiolControl device on Schedule B: "Repair Plus Service"or"Repair Only Service"means repairs,Battery Replacement Service,parts and labor necessary to restore Covered Equipment to original specifications,subject to Exclusions(as set forth below) I "Preventative Maintenance"or"Inspection Only Service"means inspection and adjustment to maintain Covered Equipment in satisfactory operating condition.Inspections include tests,measurements,and a thirty-point evaluation of Covered Equipment. Covered Equipment is properly calibrated,mechanical operations are checked and adjusted,if necessary,and output measurements are verified to function properly Electrical safety checks are also performed in accordance with National Fire Protection Association(NFPA)guidelines.Preventative Maintenance and Inspection Only Service are subject to Exclusions. "Comprehensive Service"or"Repair&Inspect Service"means repairs,Battery Replacement Service,parts and labor necessary to restore Covered Equipment to original specifications,and inspections to verify proper device calibration,mechanical operations and output measurements,electrical safety check in accordance with NFPA guidelines,and Updates(as set forth below),subject to Exclusions. "Battery Replacement Service"means replacement of batteries on a one-for-one,like-for-like basis,up to the number of batteries and/or devices listed in Schedule A.Only batteries manufactured or distributed by Physio-Control are eligible for replacement. Battery replacement is available upon Customer notification to Physio-Control of the occurrence of:(i)battery failure as determined by Customer's performance testing and evaluation in accordance with the applicable Operating Instructions;or(ii)as rec I ommended in the applicable device's Operating Instructions. At the discretion of Physio-Control,battery replacement shall be effected by shipment to Customer and replacement by Customer,or by on-site delivery and replacement by a Physio-Control Service Technician.Upon Customer's receipt of a replacement battery,the battery being replaced shall become the property of Physio-Control,and Customer must return the battery being replaced to Physio-Control for proper disposal. In the event that Physio-Control does not receive the battery being replaced,Physio-Control will invoice Customer the then-current rate for the replacement battery "On-Site Service"means that a Physio-Control factory-trained technician will provide Services at Customer's location.Services will be performed between 8:00am and 5:00pm local time,Monday through Friday,excluding holidays.Customer is to ensure Covered Equipment is available for Services at scheduled times.Some Services may not be completed On-Site.Physio-Control will cover travel and/or round-trip freight for Covered Equipment that must be sent to ourdesignated facility for repair "Ship-In Service"means that Services will be performed at Physio-Control's designated facility Physio-Control will cover round-trip freight for Covered Equipment that is sent to our designated facility.for Services. If Covered Equipment is not available when Services are scheduled or Customer requests services or goods not covered by this Agreement or outside of designated Services frequency or hours,Physio-Control will charge Customer for such services at 10%off Physio-Control's standard rates(including overtime,if appropriate)and applicable travel costs in addition to the contract price.Repair parts required for such repairs will be made available at 15%off the then-current list price. I EXCLUSIONS.Unless otherwise specified,Services do not include the following Exclusions: • supply or repair of accessories or disposables • repair of damage caused by misuse,abuse,abnormal operating conditions,operator errors,acts of God,and use of batteries,electrodes,or other products not distributed by Physio-Control • case changes • 1 repair or replacement of items not originally distributed or installed by Physio-Control I • i Upgrades,and installation of Upgrades • battery maintenance,performance testing,evaluation,removal,and recycling LOANERS.If Covered Equipment must be removed from use to complete Services,Physio-Control will strive to provide Customer with a similar loaner device until the Covered Equipment is returned.Customer assumes complete responsibility for the loaner and shall return the loaner at Customer's expense to Physio-Control in the same condition as received,upon the earlier of the return of the i Reference Number: AC-0152 Renewal Printed-4/15/2015 Page 2 of 6 305 removed Covered Equipment or Physio-Control's request. UPDATES."Update"means a change to a device to enhance its current features,stability,or software.If Comprehensive Service or Repair&Inspect Service is designated for Covered Equipment on Schedule A.Physio-Control will install Updates at no additional cost,provided such Updates are installed at the time of regularly scheduled Services.Updates installed on Covered Equipment designated on Schedule A as Repair Plus Service,Repair Only Service,Preventative Maintenance Service,Inspection Only Service, or at al time other than regularly scheduled Comprehensive Service or Repair&Inspect Service,will be billed on a separate invoice at 20%off the then-current list price of the Update.For all Service plans,if parts must be replaced to accommodate installation of new software,such parts may be purchased at a rate of 30%off the then-current list price. UPGRADES.D "Upgrade"means a major,standalone version of software or the addition of features or capabilities to a device.For all Service plans,Upgrades must be purchased separately and are not provided under this Agreement.Upgrades are available at a rate of 179/1 off the then-current list price. PRICING.Pricing is set forth on the first page of this Agreement,on the Quote for Services,and/or on the Invoice for the Services i purchased.Prices do not include taxes.Sales,service or use taxes will be invoiced in addition to the price of the goods and Services covered by this Agreement unless Physio-Control receives a copy of a valid exemption certificate. If the number or configuration of Covered Equipment changes during the Term,pricing shall be pro-rated accordingly For Preventative Maintenance Service, Inspection Only Service,Comprehensive Service,and Repair&Inspect Service.no pricing deduction will be made for removal of Covered Equipment if preventative maintenance and inspection have already been performed during the Term and no further preventative maintenance and inspection are scheduled to occur Discounts may not be combined with other special terms,discounts, and/or promotions. PAYM I NT.Payment is due within thirty(30)days of invoice date. WARRANTY.Physio-Control warrants Services performed under this Agreement and repair/replacement parts provided in performing such Services against defects in material and workmanship for ninety(90)days from the date Services were performed or a repair/replacement part was provided.Customer's sole remedy shall be reservicing the affected Covered Equipment and/or replacement of any part determined to be defective,without additional charge.provided Customer notifies Physio-Control of any allegedly defective condition within ten(10)calendar days of its discovery by Customer Physio-Control makes no other warranties, express or implied,including,without limitation,NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ,AND IN NO EVENT SHALL PHYSIO-CONTROL BE LIABLE FOR INCIDENTAL,CONSEQUENTIAL,SPECIAL,OR OTHEIR DAMAGES. TERM.`he Term of this Agreement is set forth on the first page of this document,or in the Quote and/or Invoice for the Services purchased.This Agreement shall automatically renew unless terminated by either party with written notice thirty(30)days prior to the expiration of the then-current Term.Prices are subject to change upon renewal. TERMINATION.Either party may terminate this Agreement for material breach by the other party by providing thirty(30)days'written notice to the other party,and provided such breach is not cured within the notice period.In addition,either party may terminate this Agreement at any time upon sixty(60)days'prior written notice to the other party' In the event of such early termination by Customer, Customer shall be responsible for the portion of the designated price which-corresponds to the portion of the Term prior to the effective'date of termination and the list-price cost of any'preventative maintenance,inspections,or repairs rendered during the Term. DELAYS.Physio-Control will not be liable for any loss or damage of any kind due to its failure to perform or delays in its performance resulting from any cause beyond its reasonable control;including,but not limited to,acts of God,labor disputes,labor shortages,the requirements of any governmental authority,war,civil unrest,delays in manufacture,obtaining any required license or permit,and Physio-Control's inability to obtain goods from its usual sources.Any such delay.shall not be considered a breach of Physio-Control's obligations and the performance dates shall be extended for the length of such delay • . DEVICEIINSPECTION BEFORE ACCEPTANCE.Any device that is not covered by either a Physio-Control Limited Warranty or a current Physio-Control Technical Service Support Agreement must be inspected and,repaired(if necessary)to meet original specifications at customer's cost at the then-current list prices prior to being covered under-a Technical Service Support Agreement. Physio-Control reserves the.right to refuse to support any device that has been remanufactured by a company other than Physio-Control. MISCELLANEOUS.(a)During the Term of this Agreement and for one(1)year following its expiration,without Physio-Control's prior written consent,Customer agrees to not to solicit or offer employment to anyone who is employed by Physio-Control to provide Services1such as those described in this Agreement;(b)this Agreement,and any related obligation of other party,may not be assigned in whole or in part without the prior written consent of the other party;©this Agreement shall be governed by the laws of the State in which the Services are provided;(d)all costs and expenses incurred by the prevailing party related to the enforcement of its rights under this Agreement,including reasonable attorney's fees,shall be reimbursed by the other party I Reference Number: AC-0152 Renewal Printed-4/15/2015 Page 3 of 6 f 306 PHYSIO-CONTROL,INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: Servicing Rep: Darren Logozzo, EAVV63 District: SOUTHEAST Phone: FAX:! 800-772-3340 Equipment Location- INDIAN RIVER CTY EMS,02609703 4225 43RD AVE VERO BEACH, FL 32967 Scope Of Service On Site Comprehensive Coverage Ref. Effective Expiration Total Model Part Number Serial Ntiinbei �• 'Linc Date Date Inspections LIFEPAK(&I5 V15-2-000051 .38153131, 1 9/30/2015 9/29/2018 3 LIFEPAKID 15 V15-2-000051 38153136 2 9/30/2015 9/29/2018 3 LIFEPAK(&15 V15-2-000051 39789984 3 9/30/2015 9/29/2018 3 LIFEPAII K(&15 V 15-2-000051 39788419 4 9/30/2015 9/29/2018 3 LIFEPAK(&15 V15-2-000050 39985609 5 9/30/2015 9/29/2018 3 LIFEPAI K®15 V15-2-001602 42241261 6 9/30/2015 9/29/2018 3 LIFEPAK(&15 V 15-2-001602 42243607 7 9/30/2015 9/29/2018 3 LIFEPAi K(&15 V15-2-001602 42240325 8 9/30/2015 9/29/2018 3 LIFEPAK(&15 V 15-2-001602 42241470 9 9/30/2015 9/29/2018 3 LIFEPAK(g,15 V15-2-001602 42241361 10 9/30/2015 9/29/2018 3 LIFEPAk(R,15 V15-2-001602 42026693 11 9/30/2015 9/29/2018 3 LIFEPAK(&15 V15-2-001602 42882743 12 9/30/2015 9/29/2018 3 LIFEPAK® 15 V15-2-001602 42867105 13 9/30/2015 9/29/2018 3 **Denotes an inventory line that has chaneed since the last contract revision or addendum. I Reference Number- AC-0152 Renewal j Printed:4/15/2015 Page 4 of 6 307 MEDTRONIC EMERGENCY RESPONSE'SYSTEMS, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE A Contract Number: i Additional Items Servi i Type Item Quantity Start Date End Date CASE CHANGE LP 12/15/20 CASE CHG 1-9 1 9/30/2015 9/29/2018 "Denotes an additional item line that has changed since the last contract revision or addendum. i I I l i Reference Number: AC-0152 Renewal Printed:4/15/2015 Page 5 of 6 308 I J i PHYSIO-CONTROL, INC. TECHNICAL SERVICE SUPPORT AGREEMENT SCHEDULE B LIFEPAK-V 15 Monitor/Defibrillator Services LIFEPI KO 15 Monitor/Defibrillator Comprehensive Service • Inspections at intervals set forth on Schedule A • Parts and labor necessary to restore device to original specifications,subject to Exclusions • Standard detachable hard paddles repair or replacement • REDI-CHARGED battery charger(Catalog# 1 1 141-0001 15)repair or replacement of one for each LIFEPAK 15 Monitor/Defibrillator listed in Schedule A and as determined necessar\ bN Physio-Control • Power Adapter repair or replacement • Battery Replacement Service o For each LIFEPAK 15 listed on Schedule A.replacement of up to three(3)LIFEPAK Lithium-ion batteries in accordance with the device Operating Instructions.or upon battery failure • Updates installed at no additional cost,provided such Updates are installed at the time of regularb, scheduled Services.If parts idust be replaced to accommodate installation of new software,such parts maN be purchased ata rate of 30%off the then-cirrent list price. LIFEPAKBO 15 Monitor/Defibrillator Repair Plus Service • Parts and labor necessary to restore device to original specifications,subject to Exclusions • Standard detachable hard paddles repair or replacement RLDI-CHARGEQ3 battery charger(Catalog# 11 141-000115)repair or replacement of one for each LIFEPAK 15 Monitor/Defibrillator listed in Schedule A and as determined necessary by Physio-Control • Power Adapter repair or replacement • Battery Replacement Service o For each LIFEPAK 15 listed on Schedule A.replacement of up to three(3)LIFEPAK Lithium-ion batteries in accordance with the device Operating Instructions.or upon battery failure • Updates installed at 20%off the then-current list price provided such Updates are installed at the time of regularly scheduled Services.If parts must be replaced to accommodate installation of new software,such pans may be purchased at a rate of 30%off the then-current list price: LIFEPAK®15 Monitor/Defibrillator Preventative Maintenance Service • Inspections at intervals set forth on Schedule A • Updates installed at 20%off the then-current list price provided such Updates are installed at the time of regularly scheduled Services. If parts must be replaced to accommodate installation of new software.such parts may be purchased at a rate of 30%ofi the then-current list price. II I I I I I 1 I i� Reference Number- AC-0152 Renewal Printed 4/15/2015 Page 6 of 6 309 I I l l Physio-Control, In{c. I Lifesaving starts here.- ADDRESS September 2015 11811 Willows Road NE Redmond.WA 98052 Physio-Control, Inc. is the sole-source provider in the Hospital (hospitals and PHONE hospital-owned facilities), Emergency Response Services and Emergency 4258674000 Response Training markets for the following p 9 g products: TOLL-FREE • New LIFEPAK® 15 monitor/defibrillators 800 442 1142 • New LIFEPAK 20e defibrillator/monitors viwW.physio-control.Im • New LIFEPAK 1000 automated external xte nal deflbnllators • New LUCAS® 2 Chest Compression System Physio-Control, Inc. is the sole-source provider in all markets for the following products & services: • RELIsm (Refurbished Equipment from the Lifesaving Innovators) devices • LIFENET® System and related software .• Factory-authorized inspection and repair services which include repair parts, upgrades, inspections and repairs • PulsePoint Agency Services • HealthEMS® Software • HomeSolutions.NET® Software Physio-Control is also the sole source distributorof the following products for EMS customers in the U.S. and Canadian markets: • McGRATH® MAC EMS Video Laryngosope i • McGRATH® MAC Disposable Laryngoscope Blades • MCGRATH®X Blade TM Physio-Control does not authorize any resellers to sell these products or services i in the markets listed above. We will not fulfill orders placed by non-authorized businesses seeking to resell our products. If you have questions, please feel free to contact your local Physio-Control sales representative at 800.442.1142. Sincerely, PHYSIO-CONTROL, INC. Allan Criss, Vice-President, Americas Sales I I GDR 3321967_C i 310 ACi- & CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD"YYY) �� 04/13/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh USA,Inc. NAME: 13015th Avenue,Suite 1900 PHONE I FAX Seattle,WA 98101 E-MAIL VC. C No)* Attn:SeatUe.CertRequest@marsh.com/F 212-948-4326 ADDRESS: I INSURER(S)AFFORDING COVERAGE I NAIC 0 184424-STND-GAWUp-15-16 INSURER A:Continental Casualty Company 120443 INSURED I National Fire Insurance of Hartford Physio-Contrd International,Inc. INSURER B: 20478 Physio-Control,Ind. INSURER C.N/A N/A 11811 Willows Road NE Redmond,WA 98052 INSURER D: INSURER E. 1 INSURER F. COVERAGES CERTIFICATE NUMBER: SEA-00250409404 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LT IR I ADDL SUBR1 I OLICY EFF POLICY EXP LTR TYPE OF,INSURANCE WVD POLICY NUMBER I MM/DD/YYYY MM1DD/YYYY LIMITS A GENERAL LIABILITY 4030507381 05/0112015 05/01/2016 I EACH OCCURRENCE S 1,000,000 X I COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1 �y� I PREMISES Ea occurrence S CLAIMS-MADE `,I OCCUR MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY I$ 1,000,000 GENERAL AGGREGATE I S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 1 S EXCLUDED X I POLICY I 1 JECT PRO- 1^l LOC I $ B AUTOMOBILE LIABILITY 4029265138 05101/2015 05/01/2016 COMBINED SINGLE LIMIT I Ea accident I S 1,000,000 X ANY AUTO I 1 BODILY INJURY(Per person) S ALL OWNED I 1 SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident)I S HIRED AUTOS ANON-OWNED PROPERTY DAMAGE S Per accident i I COMP/COI L DED. Is 1000 L�1 UMBRELLA LIABI OCCUR I EACH OCCURRENCE Is 1 EXCESS LIAB i I CLAIMS_MADE 1 AGGREGATE S J I DED I I RETENTIONS S A WORKERS COMPENSATION I 14030507378 (AOS) 05/01/2015 05/01/2016 1 X I VAC STATU- OTH-1 AND EMPLOYERS'LIABILITY DRY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N 4030507364 (CA) 05/01/2015 05/01/2016 1,000,000 OFFICER/ME.L.EACH ACCIDENT S (Mandatory In ER EXCLUDED? N N/A 1 (Mandatory In NH)and 1 E.L.DISEASE-EA EMPLOYE$If yes,describe under. t ,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,000 I t i i DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Additional Insured status applies to General Liability and Auto Liability only if it is reflected in your written contract. Medtronic includes but is not limited to the following entities:Physio-Control,Inc.,Medtronic Sofamor Danek,Inc.,Medtronic Spine,LLC(including Osteotech,Inc.),Minimed Distribution Corporation,Salient Surgical Technologies,Inc.,PEAK Surgical,Inc.and Medtronic ATS Medical,Inc. I CERTIFICATE HOLDER CANCELLATION Indian River County Fire Rescue SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:Cory S.Richter,'BA,NREMT-P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Battalion Chief Training&QA ACCORDANCE WITH THE POLICY PROVISIONS. 4225 43rd Avenue Vero Beach,FL 32967-1671 AUTHORIZED REPRESENTATIVE 1 of Marsh USA Inc. I I Cheryl Bermudez so.-- ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 311 Quantity Price/Year. 1 1,09/301.15-09/29/16 09/30/16-09/29/1709/30/17-09/29/18 LP15's 13 $ 1,428.00 18,564.00 18,564.00 18,564.00 Travel__ __ —_1--$-190:00-"-- --190:00 - -190.00 -- 190:00 Case Changes * 1 $ 899.00 299.67 299.67 299.67 Total 19,053.67 19,053.67 19,053.67 Contract Total 57,161.00 * One case change to be used over 3 year period. Cost split over 3 year term. w N